DARBY v. UNITED STATES

No. 10326.

132 F.2d 928 (1943)

DARBY v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

January 15, 1943.


Attorney(s) appearing for the Case

Robert M. Hitch, Jr., and Shelby Myrick, both of Savannah, Ga., for appellant.

Geo. A. Downing, Regional Atty., U. S. Dept. of Labor, of Atlanta, Ga., and J. Saxton Daniel, U. S. Atty., and Julian Hartridge, Asst. U. S. Atty., both of Savannah, Ga., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.


SIBLEY, Circuit Judge.

Fred W. Darby was indicted in nineteen counts for violations of the Fair Labor Standards Act, 29 U.S.C.A. § 201, et seq. The Supreme Court reversed a judgment sustaining a demurrer, and upheld the constitutionality of the Act. United States v. Darby, 312 U.S. 100, 61 S.Ct. 451, 85 L. Ed. 609, 132 A.L.R. 1430. On a trial Darby was acquitted on eight counts and convicted and sentenced on eleven. He appeals...

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