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FLEMING v. REX OIL & GAS CO.

Civil Action No. 163.

43 F.Supp. 950 (1941)

FLEMING, Adm'r of Wage and Hour Division, U. S. Department of Labor, v. REX OIL & GAS CO.

District Court, W. D. Michigan, S. D.

November 7, 1941.

Attorney(s) appearing for the Case

Gerard D. Reilly and Irving J. Levy, both of Washington, D. C., and A. A. Cohen and Nicholas M. Spoke, U. S. Department of Labor, both of Cleveland, Ohio, for plaintiff.

Arthur W. Penny, of Muskegon, Mich., for defendant.

RAYMOND, District Judge.

1. Notwithstanding the fact that defendant sold within the State of Michigan all of the oil which it produced, its employees were, during the period in question, engaged in the production of goods for interstate commerce within the meaning of the Fair Labor Standards Act because at the time said oil was produced defendant knew or had reason to believe that substantial portions of said oil and the products refined therefrom would move in interstate...

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