KERR, Judge.
The Secretary of Labor, hereinafter referred to as "Secretary", brings this action to enjoin the Metals Transportation Company, a corporation, hereinafter referred to as "Company", from violating the overtime requirements of Section 15(a) (2) of the Fair Labor Standards Act, as amended (29 U.S. C.A. § 201 et seq.).
The matter is submitted to the Court upon the Secretary's complaint, the Company's answer and an agreed statement of facts.
The complaint avers that the Company has employed and is employing its employees in the production of goods for interstate commerce for workweeks longer than authorized by the Act since June 1, 1957, without compensating these employees for their hours of employment in excess of forty hours per week at rates not less than one and one-half times the regular rates at which they were employed.
The Company concedes the employment of approximately seventeen employees in the transportation of uranium ore from a mine to an ore processing plant north of Jeffrey City, Wyoming, and that the ore so transported was processed into uranium concentrate, which was later shipped outside the state of Wyoming.
The material portions of the agreed statement of facts are as follows:
"* * * 2. It is admitted that the employees of the defendant company whose rates of pay and wages are the subject matter of plaintiff's Complaint are those employees of the defendant who devote all or part of their time in the workweek in the hauling of raw ore from the uranium mines in the State of Wyoming in what is commonly known as the Gas Hills area of Fremont County, Wyoming to the uranium ore processing mill located near Jeffrey City, in Fremont County, Wyoming, together with certain employees of the defendant company who service and maintain the trucks driven by defendant's employees in these ore hauling operations.
"3. It is also stipulated and agreed that the mines which produce this raw ore are owned or operated by Western Nuclear Corporation and also that the raw ore is processed into a uranium concentrate by Western Nuclear Corporation at its uranium processing mill and that this uranium concentrate is shipped regularly, repeatedly, and in substantial quantities to points outside the State of Wyoming by Western Nuclear Corporation. It is further stipulated and agreed that the defendant Metals Transportation Company does not engage in said mining activity except to haul raw ore from the mines to the mill over a private road, all in Fremont County, Wyoming, and does not in any way haul or handle the processed uranium concentrate. (Emphasis supplied.)
"4. It is stipulated and agreed that Western Nuclear Corporation is a corporation separate and independent from defendant Metals Transportation Company and that defendant Metals Transportation Company performs these hauling operations of raw ore by contract arrangement with Western Nuclear Corporation.
"5. It is also stipulated and agreed that the employees involved in plaintiff's Complaint are engaged in actual truck driving operations or the servicing and maintaining of such trucks of the defendant Metals Transportation Company and that all of the transportation from the uranium mines to the uranium processing mill of this raw ore is over private roadways and private lands.
"6. That the period involved by plaintiff's Complaint begins with the first day of June, 1957, and continues to the date of trial herein.
"7. That the normal number of employees of defendant who are employed in such occupations as truck drivers or mechanics is approximately 17 employees, although there may be some slight fluctuation from week to week in the number of such employees.
"8. That all of these employees are employed by defendant Metals Transportation Company in such occupations because their work is necessary and directly essential to the transportation of the raw ore in the manner above described.
"9. That the work weeks of the employees above described under plaintiff's Complaint are those work weeks in which the employees have devoted all or part of their hours of work in the workweek to the transportation by defendant of the raw ore in the manner above described.
"10. That the defendant Metals Transportation Company during all of the period involved in this action has paid these truck drivers or mechanics at straight time hourly rates only for the hours worked in the workweek by such employees and that these employees regularly report each day to the superintendent employed by the defendant company on a daily time slip.
"That the regular straight time hourly rates of these employees vary between the employees from $1.75 per hour straight time to approximately $2.45 per hour straight time.
"11. That in many and repeated workweeks practically all of the above truck drivers or mechanics have worked over 40 hours in the workweek at the above described occupations of transporting this raw uranium ore or have devoted a part of their hours of work in such workweeks to such transportation work and were paid at their straight time hourly rates for all of their hours of work in the workweek and
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