Walling v. General Industries Co., 330 U.S. 545 (1947)

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Walling v. General Industries Co.

No. 564

Argued February 10, 11, 1947
Decided March 31, 1947
330 U.S. 545

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

1. In a suit by the Wage-Hour Administrator to enjoin alleged violations of the overtime compensation requirement of § 7 of the Fair Labor Standards Act, the evidence summarized in the opinion held adequate to support a finding by the district court that certain "operating engineers" who had charge of a power plant in the absence of the chief engineer, supervised the work of firemen and coal passers, received monthly salaries in excess of $200, and enjoyed privileges usually reserved for supervisory employees, were exempted by § 13(a) as employees employed in an "executive" capacity. Pp. 547-550.

2. Where findings of fact made by a district court on conflicting evidence and inferences drawn therefrom are not clearly wrong, they should not be rejected by a circuit court of appeals. P. 550.

3. Upon review of a judgment of a circuit court of appeals on certiorari, the respondent, without filing a cross-petition for certiorari, may seek to sustain the judgment on a ground which the circuit court of appeals rejected as well as upon that which it accepted. P. 547, n. 5.

155 F.2d 711 affirmed.

The Wage-Hour Administrator sued to enjoin alleged violations of the overtime provisions of the Fair Labor Standards Act. The District Court held that the employees in question were exempt under § 13(a), and gave judgment for the employer. 60 F.Supp. 549. The Circuit Court of Appeals affirmed on the ground that the employees in question, though not exempt, had been compensated in accordance with the Act. 155 F.2d 711. This Court granted certiorari. 329 U.S. 704. Affirmed, p. 550.