LONAS v. NATIONAL LINEN SERVICE CORPORATION

No. 9414.

136 F.2d 433 (1943)

LONAS v. NATIONAL LINEN SERVICE CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

June 24, 1943.


Attorney(s) appearing for the Case

W. O. Lowe, of Knoxville, Tenn., for appellant Lonas.

Cecil Sims, of Nashville, Tenn., and Stanley I. Posner, of Washington, D.C., for amici curiae and appellee.

Herbert J. Haas and Sol I. Golden, both of Atlanta, Ga., and Ben R. Winick and Joel H. Anderson, both of Knoxville, Tenn., for appellee National Linen Service Corporation.

Irving J. Levy and Bessie Margolin, both of Washington, D.C., Jeter S. Ray, of Nashville, Tenn., Morton Liftin, of Washington, D. C., and George L. Clarke, of Baltimore, Md., for Administrator, Wage & Hour Division, U. S. Department of Labor, amicus curiae.

Posner & Fox, of Washington, D.C., for Linen Supply Ass'n of America, amicus curiae.

Cecil Sims, of Nashville, Tenn., for American Institute of Laundering, amicus curiae.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.


SIMONS, Circuit Judge.

In a suit by an employee of the appellee to recover for herself and others similarly situated, unpaid minimum wages and overtime compensation as permitted by § 16(b) of the Fair Labor Standards Act, 29 U.S. C.A. § 201, the narrow question is presented whether their employer is a service establishment exempt from the requirements of the Act by § 13(a) (2). The court dismissed the complaint on the ground that the pleaded facts,...

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