WALLING v. GOLDBLATT BROS.

No. 7892.

128 F.2d 778 (1942)

WALLING, Adm'r of Wage and Hour Division, U. S. Dept. of Labor, v. GOLDBLATT BROS., Inc.

Circuit Court of Appeals, Seventh Circuit.

June 25, 1942.


Attorney(s) appearing for the Case

Warner W. Gardner and Irving J. Levy, both of Washington, D. C., and Frank J. Delaney, of Chicago, Ill. (Edward Jay Fruchtman, John S. Forsythe, and Jacob D. Hyman, all of Washington, D. C., of counsel), for appellant.

Stanford Clinton and Abram N. Pritzker, both of Chicago, Ill., for appellee.

Charles B. Rugg, of Boston, Mass., for American Retail Federation amicus curiae.

Before SPARKS and KERNER, Circuit Judges, and LINDLEY, District Judge.


LINDLEY, District Judge.

Our question here is whether defendant's employees are within Sections 6 and 7 of the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C.A. § 201 et seq.

Defendant owns and operates three warehouses in Chicago at which it receives merchandise from some forty-five states and from which it thereafter distributes goods to its ten extensive department stores, seven of which are in Chicago, one in Joliet, Illinois, one in Hammond...

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