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UNITED STATES v. WALTERS LUMBER CO.

Nos. 87 F.Cr., 6260 J.Cr., 6259 J.Cr.

32 F.Supp. 65 (1940)

UNITED STATES v. WALTERS LUMBER CO. et al. SAME v. INDUSTRIAL RAG CO. et al. SAME v. FLORIDA FRUIT & PRODUCE CO. et al.

District Court, S. D. Florida, Jacksonville Division.

March 13, 1940.

Attorney(s) appearing for the Case

Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and William A. Paisley, Asst. U. S. Atty., of Jacksonville, Fla., and Robert L. Stern, Brunson MacChesney, Shelby Fitze, and H. Douglas Weaver, Sp. Assts. to the Atty. Gen., for plaintiff.

Lawrence R. Milton, John W. Harrell, J. Turner Butler, and John E. Mathews, all of Jacksonville, Fla., for defendants.

STRUM, District Judge.

Defendants, charged by indictment with various offenses under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., usually called the Federal Wage and Hour Law, challenge the constitutional validity of said act. The principal contentions are that the indictments do not charge that the defendants are engaged in interstate commerce; that the act deprives defendants of their "liberty" of contract without due process of law; and...

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