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DALLY, APPELLANT v. THE WAR EMERGENCY PIPE LINES, INC., APPELLEE.

Supreme Court — Dismissal — No debatable constitutional question involved — Fair Labor Standards Act — Maximum-hours provision — Operation excluded as to employees of employer subject to Interstate Commerce Act — Common carrier of oil by pipe line — Defined by latter act as such employer — Private corporation operating — agent for federal corporations owning oil pipe line — A pipe-line common carrier within meaning of Interstate Commerce Act — And employees excepted from Fair Labor Standards Act, when — Regulation of agent corporation by Interstate Commerce Act — Public use of private property without compensation — Article V, Amendments, U.S. Constitution — Constitutional question not raised in courts below.

It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., TURNER, MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.

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DALLY v. WAR EMERGENCY PIPE LINES, INC
(Oct 8, 1947)