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MILLER HATCHERIES v. BOYER

No. 12263.

131 F.2d 283 (1942)

MILLER HATCHERIES, Inc., v. BOYER.

Circuit Court of Appeals, Eighth Circuit.

November 3, 1942.

Attorney(s) appearing for the Case

John B. Gage, of Kansas City, Mo. (John E. Park and Gage, Hillix, Hodges & Cowherd, all of Kansas City, Mo., on the brief), for appellant.

James F. Hudson and Mr. Frank W. Oertel, both of Keokuk, Iowa, for appellee.

Warner W. Gardner, Sol., and Mortimer B. Wolf, Asst. Sol., both of Washington, D. C., Kenneth P. Montgomery, Regional Atty., of Kansas City, Mo., and Peter Seitz, Atty., United States Department of Labor, of Washington, D. C., for Administrator of the Wage and Hour Division, amicus curiae.

Before SANBORN, THOMAS, and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

The crucial question is whether a commercial chicken hatchery, located in a city and selling its baby chicks to farmers and poultry-raisers, is exempt from the wage and hour provisions of the Fair Labor Standards Act of 1938,1 on the ground that its employees are "employed in agriculture", within the meaning of section 13(a) of the Act.2

The Administrator of the Wage and Hour...

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