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KIRSCHBAUM CO. v. WALLING

No. 910.

316 U.S. 517 (1942)

A.B. KIRSCHBAUM CO. v. WALLING, ADMINISTRATOR OF THE WAGE & HOUR DIVISION, U.S. DEPARTMENT OF LABOR.

Supreme Court of United States.

Decided June 1, 1942.

Attorney(s) appearing for the Case

Mr. William Clarke Mason, with whom Mr. Frederick H. Knight was on the brief, for petitioner in No. 910. Mr. Walter Gordon Merritt, with whom Messrs. Kenneth C. Newman, Henry Clifton, Jr., and Robert R. Bruce were on the brief, for petitioners in No. 924.

Solicitor General Fahy, with whom Messrs. Richard H. Demuth, Warner W. Gardner, Irving J. Levy, Mortimer B. Wolf, and Norman S. Altman were on the briefs, for respondent. Mr. Abner Brodie was also on the brief for respondent in No. 910.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

In United States v. Darby, 312 U.S. 100, and Opp Cotton Mills v. Administrator, 312 U.S. 126, the constitutionality of the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C. § 201 et seq., was sustained. In the cases now before us we are required to consider the scope of the Act in relation to a...

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