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FLEMING v. FARMERS PEANUT CO.

No. 9899.

128 F.2d 404 (1942)

FLEMING, Wage and Hour Adm'r, v. FARMERS PEANUT CO.

Circuit Court of Appeals, Fifth Circuit.

May 25, 1942.

Attorney(s) appearing for the Case

Irving J. Levy, Mortimer B. Wolf, and Rufus G. Poole, Asst. Sols., U. S. Dept. of Labor, and Milton C. Denbo and Norman S. Altman, Principal Attys., U. S. Dept. of Labor, all of Washington, D. C., and Geo. A. Downing, Regional Atty., U. S. Dept. of Labor, of Atlanta, Ga., for appellant.

C. Baxter Jones, of Macon, Ga., and Jeff A. Pope, of Cairo, Ga., for appellee.

John S. Lavin, of Orlando, Fla., and Counts Johnson and G. L. Reeves, both of Tampa, Fla., for Amicus Curiae.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

In this case the Wage and Hour Administrator seeks an injunction to compel Farmers Peanut Company, who is engaged in shelling peanuts in Cairo, Georgia, to observe the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., as to its employees. It is not denied that many of the employees, numbering about one hundred, are engaged in commerce, but it is contended that they are not under the Act because of the provision in Section 13(a) that...

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