Rockton & Rion R.R. v. Walling, 146 F.2d 111 (4th Cir. 1944). · Go Syfert
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Rockton & Rion R.R. v. Walling, 146 F.2d 111 (4th Cir. 1944). Cases Citing This Book View Copy Cite
13 citation events (1 in the last 25 years) across 12 distinct courts.
Strongest positive: In Re Russell Transfer, Inc. (vawb, 1989-10-26)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited "see" In Re Russell Transfer, Inc.
Bankr. W.D. Va. · 1989 · signal: see · confidence high
See Walling v. Rockton & Rion R.R., 54 F.Supp. 342 , affirmed, 146 F.2d 111 (4th Cir.1945).
discussed Cited "see, e.g." Airlines Transp., Inc. v. Tobin, Secretary of Labor
4th Cir. · 1952 · signal: see also · confidence low
See also the decision of Judge Wyche in Walling v. Rockton & Rion Railroad, D.C.W.D.S.C., 54 F.Supp. 342 , adopted as the opinion of this court in 4 Cir., 146 F.2d 111 , where it was held that a railroad carrier operating wholly within the State of South Carolina and serving quarry owners by transporting their product to the Southern Railway for interstate shipment was engaged in commerce within the meaning of the Fair Labor Standards Act.
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ROCKTON & RION RAILROAD (Railway), a Corporation, Appellant,
v.
L. Metealfe WALLING, Administrator of the Wage and Hour Division, United States Department of Labor, Appellee
5281.
Court of Appeals for the Fourth Circuit.
Dec 11, 1944.
146 F.2d 111
J. M. Hemphill, of Chester, S. C. (Paul Hemphill, of Chester, S. C., on the brief), for appellant., George M. Szabad, Atty., U. S. Department of Labor, of Washington, D. C. (Douglas B. Maggs, Sol., and Bessie Mar-golin, Asst. Sol., both of Washington, D. C., George A. Downing, Regional Atty., of Atlanta, Ga., and Albert A. Spiegel, Atty., U. S. Department of Labor, of Mc-Keesport, Pa., on the brief), for appellee.
Parker, Dobie, Chesnut.
Cited by 4 opinions  |  Published
PER CURIAM.

This is an appeal from a decree enjoining the Rockton & Rion Railroad from violating the provisions of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. The defendant is a railroad twelve miles long lying wholly within Fairfield County, S. C., and connecting with the lines of the Southern Railway Company. Its stock is owned by those who are interested in granite quarries operating along its lines, and its principal business is transporting granite produced in these quarries, a considerable portion of which moves over the lines of the Southern Railway Company in interstate commerce. It had been held by the Interstate Commerce Commission not to be a common carrier by railroad engaged in interstate commerce within the meaning of Part I of the Interstate Commerce Act, 49 U.S.C.A. § 1 et seq., but in so far as interstate commerce is concerned, to be a plant facility not subject to the provisions of the Act. Rockton & Rion Railway, Proposed Acquisition and Operation, 189 I.C.C. 545; Weston & Brooker Co. et al. v. Southern Railway Co. et al., 243 I.C. C. 105. The court below, in an able and exhaustive opinion, set forth the facts at length and held that the employees of the railroad were engaged in commerce and in the production of goods for commerce within the meaning of the Fair Labor Standards Act, and that they were not exempted from its provisions by reason of section 13(b), exempting employees of an employer subject to the provisions of Title I of the Interstate Commerce Act, We concur in the reasoning as well as in the conclusions of the judge below, and his opinion is adopted as the opinion of this court. See Walling v. Rockton & Rion R. R., D. C, 54 F.Supp. 342.

Affirmed.