10 East 40th St. Building, Inc. v. Callus, 325 U.S. 578 (1945)
U.S. Supreme Court10 East 40th St. Building, Inc. v. Callus, 325 U.S. 578 (1945)
10 East 40th St. Building, Inc. v. Callus
Argued April 6, 1945
Decided June 11, 1945
325 U.S. 578
1. Maintenance employees of a typical metropolitan office building, operated as an independent enterprise, which is used and to be used for offices by every variety of tenants, including some producers of goods for commerce, held not to have such a close and immediate tie with the process of production as to be deemed engaged in an "occupation necessary to the production" of goods for commerce, within the meaning of § 3(j) of the Fair Labor Standards Act, and therefore not covered by the Act. P. 325 U. S. 583.
2. Kirschbaum Co. v. Walling, 316 U. S. 517, Borden Co. v. Borella, post, p. 325 U. S. 679, and this case differentiated. P. 325 U. S. 580.
146 F.2d 438 reversed.
Certiorari, 324 U.S. 833, to review the reversal of a judgment, 51 F. Supp. 528, dismissing the complaint in a suit under § 16(b) of the Fair Labor Standards Act to recover amounts alleged to be due for overtime.