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CALLUS v. 10 EAST FORTIETH STREET BUILDING

No. 143.

146 F.2d 438 (1944)

CALLUS et al. v. 10 EAST FORTIETH STREET BUILDING, Inc., et al.

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Granted February 12, 1945.

Attorney(s) appearing for the Case

Aaron Beneson, of New York City (Monroe Goldwater and James L. Goldwater, both of New York City, of counsel) for appellants.

Proskauer, Rose, Goetz & Mendelsohn, of New York City (Joseph M. Proskauer and Harold H. Levin, both of New York City, of counsel), for appellee 10 East 40th Street Bldg., Inc.

Before L. HAND, A. N. HAND, and FRANK, Circuit Judges.

Writ of Certiorari Granted February 12, 1945. See 65 S.Ct. 678.

FRANK, Circuit Judge.

The plaintiffs' suit is based on the theory that they are "engaged in the production of goods for [interstate] commerce." They can not effectively contend that they are "engaged in [interstate] commerce." McLeod v. Threlkeld, 319 U.S. 491, 63 S.Ct. 1248, 1250, 87 L.Ed. 1538. It is already well-established that, where the tenants of a building...

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