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PHILLIPS INC. v. WALLING

No. 608.

324 U.S. 490 (1945)

A.H. PHILLIPS, INC. v. WALLING, ADMINISTRATOR OF THE WAGE AND HOUR DIVISION U.S. DEPARTMENT OF LABOR.

Supreme Court of United States.

Decided March 26, 1945.

Attorney(s) appearing for the Case

Mr. Joseph B. Ely, with whom Messrs. Frederick M. Kingsbury and Edward T. Collins were on the brief, for petitioner.

Miss Bessie Margolin, with whom Solicitor General Fahy, Messrs. Robert L. Stern, Douglas B. Maggs and Archibald Cox were on the brief, for respondent.

Mr. Charles B. Rugg filed a brief on behalf of the American Retail Federation, as amicus curiae, urging reversal.

MR. JUSTICE MURPHY delivered the opinion of the Court.

Section 13 (a) (2) of the Fair Labor Standards Act of 1938, 52 Stat. 1060, 1067, 29 U.S.C. § 213 (a) (2), states that the wage and hour provisions of the Act shall not apply with respect to "any employee engaged in any retail or service establishment the greater part of whose selling or servicing is in intrastate commerce." The issue posed by this case is whether employees working in the warehouse and central...

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