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SOUTHLAND CO. v. BAYLEY

No. 581.

319 U.S. 44 (1943)

SOUTHLAND GASOLINE CO. v. BAYLEY ET AL.

Supreme Court of United States.

Decided May 3, 1943.

Attorney(s) appearing for the Case

Mr. Claude H. Rosenstein submitted for petitioner in No. 581. Mr. George A. Mahone for petitioner in No. 725.

Mr. C.D. Atkinson submitted for respondents in No. 581. Messrs. O. Bowie Duckett, Jr., and Charles T. LeViness, with whom Mr. Edward E. Hargest, Jr., was on the brief, for respondent in No. 725.

Solicitor General Fahy and Messrs. Robert L. Stern and Irving J. Levy and Miss Bessie Margolin filed a brief, in No. 581, on behalf of the Administrator of the Wage and Hour Division, U.S. Department of Labor, as amicus curiae, urging affirmance.

MR. JUSTICE REED delivered the opinion of the Court.

By writs of certiorari these two cases were brought here to resolve the conflict between them over the proper interpretation of § 13 (b) (1) of the Fair Labor Standards Act of 1938.1

Section 7 of the Fair Labor Standards Act relates to the maximum number of hours per week an employer may employ an employee who is engaged in commerce...

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