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WALLING v. VILLAUME BOX & LUMBER CO.

No. 353.

58 F.Supp. 150 (1943)

WALLING, Administrator of the Wage and Hour and Public Contracts Division, United States Department of Labor, v. VILLAUME BOX & LUMBER CO.

District Court, D. Minnesota, Third Division.

April 14, 1943.

Attorney(s) appearing for the Case

James M. Miller, of Minneapolis, Minn., and Frank P. Ryan, of St. Paul, Minn., for plaintiff.

Harold L. Rutchick and Richard S. Felhaber, both of St. Paul, Minn., for defendant.

SULLIVAN, District Judge.

Truck Drivers

It is the contention of the plaintiff that the truck drivers are engaged in commerce, as the same is defined in the Fair Labor Standards Act, 29 U.S.C.A. § 203, and therefore are entitled to the benefits flowing from said Act.

On the other hand, the defendant contends that the truck drivers do not come within the coverage of the Fair Labor Standards Act relating to maximum hours, 29 U.S.C.A. §...

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