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SUN PUB. CO. v. WALLING

No. 9483.

140 F.2d 445 (1944)

SUN PUB. CO. v. WALLING, Wage and Hour Administrator.

Circuit Court of Appeals, Sixth Circuit.

January 24, 1944.

Attorney(s) appearing for the Case

Elisha Hanson, of Washington, D.C. (Elisha Hanson, of Washington, D.C., and C. E. Pigford and W. N. Key, both of Jackson, Tenn., on the brief), for appellant.

Bessie Margolin, of Washington, D.C. (Douglas B. Maggs and Bessie Margolin, both of Washington, D.C., Jeter S. Ray, of Nashville, Tenn., and Mortin Liftin and Faye Blackburn, both of Washington, D.C., on the brief), for appellee.

Before SIMONS, MARTIN, and McALLISTER, Circuit Judges.

SIMONS, Circuit Judge.

The appellant was enjoined from violating §§ 15(a) (1), 15(a) (2), and 15(a) (5) of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 215(a) (1, 2, 5), and in its appeal challenges the application to it as a newspaper publisher, of the several sections of the Act, and, if applicable, their constitutional validity in view of the First and Fifth Amendments.

The appellant publishes The Jackson (Tenn.) Sun, a newspaper with...

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