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FLORIDA FRUIT & PRODUCE v. UNITED STATES

No. 9497.

117 F.2d 506 (1941)

FLORIDA FRUIT & PRODUCE, Inc., et al., v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 8, 1941.

Attorney(s) appearing for the Case

Emmet Safay and Edward S. Hemphill, both of Jacksonville, Fla., for appellants.

Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and Wm. A. Paisley, Asst. U. S. Atty. of Jacksonville, Fla., for appellee.

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

Appellants, charged by indictment with, were convicted of having violated the Fair Labor Standards Act of 1938,1 and sentenced jointly to pay a fine of $1500. Their appeal, except for a claim of error in the admission of evidence,2 is based entirely on an attack on the statute on claimed constitutional grounds. There is no attack upon the evidence as insufficient to support the verdict...

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