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WALLING v. BLOCK

No. 10281.

139 F.2d 268 (1943)

WALLING, Administrator of Wage and Hour Division, United States Department of Labor, v. BLOCK.

Circuit Court of Appeals, Ninth Circuit.

November 19, 1943.

Attorney(s) appearing for the Case

Irving J. Levy, Acting Sol., and Bessie Margolin, Asst. Sol., Wage and Hour Division, United States Department of Labor, both of Washington, D. C., Dorothy M. Williams, Regional Atty., of San Francisco, Cal., Morton Liftin, of Washington, D. C., and George L. Clarke, of Baltimore, Md., Attys., Wage and Hour Division, United States Department of Labor, for appellant.

Bogle, Bogle & Gates and Edward G. Dobrin, all of Seattle, Wash., for appellee.

Before GARRECHT, STEPHENS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

The Administrator sued to restrain violations of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. After hearing proof the court dismissed the suit, and the Administrator appeals. It is conceded that the Act, if applicable, was not complied with.

Appellee owns and operates a chain of nineteen retail shoe stores, fourteen of which are in Washington, three in Oregon, and two in Idaho. He maintains at Seattle a central office...

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