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CUDAHY PACKING CO. v. FLEMING

No. 11956.

122 F.2d 1005 (1941)

CUDAHY PACKING CO. v. FLEMING.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied November 3, 1941.

Attorney(s) appearing for the Case

William C. Green, of St. Paul, Minn. (Thomas Creigh and John L. Church, both of Chicago, Ill., on the brief), for appellant.

Roy C. Frank, of Washington, D.C., Atty., United States Department of Labor (Gerard D. Reilly, Solicitor, and Irving J. Levy, Asst. Sol., both of Washington, D.C., Donald M. Murtha, Regional Attorney, of Minneapolis, Minn., and Robert S. Erdahl, Atty., United States Department of Labor, David Persinger, and Westley W. Silvian, all of Washington, D.C., Attys., on the brief), for appellee.

Before STONE, WOODROUGH, and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

The Cudahy Packing Company operates two meat-packing plants in the State of Minnesota, one at St. Paul and the other at Newport. It admits that it is engaged in interstate commerce at its Newport plant, but contends that the business of the St. Paul plant is intrastate only.

The Acting Regional Director of the Wage and Hour Division for the Minnesota area, claiming to have reasonable grounds to believe that the Company was violating...

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