GERDERT v. CERTIFIED POULTRY & EGG CO.

No. 185-M Civil.

38 F.Supp. 964 (1941)

GERDERT et al. v. CERTIFIED POULTRY & EGG CO., Inc., et al.

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

April 29, 1941.


Attorney(s) appearing for the Case

Paul H. Brinson, of Coral Gables, Fla., and Walsh & Ellis, of Miami, Fla., for plaintiffs.

Louis Heiman and Stanley C. Myers, both of Miami, Fla., for defendants.

Gerard D. Reilly and Irving J. Levy, both of Washington, D. C., and Geo. A. Downing and William A. Lowe, U. S. Department of Labor, both of Atlanta Ga., for Philip B. Fleming, Administrator of the Wage and Hour Division, U. S. Department of Labor, as amicus curiae.


WALLER, District Judge.

The question involved is whether or not a wholesale merchant, who acquires the vast proportion of his merchandise in other states but who sells no goods outside the State of Florida, is engaged in interstate commerce so as to bring his employees under the provisions of the Federal Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq.

Without doubt, Congress had the power to regulate purely local transactions that injuriously...

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