GUISEPPI et al.
v.
WALLING, Administrator of the Wage and Hour Division, United States Department of Labor. MARETZO et al. v. SAME. GEMSCO, Inc., et al. v. SAME.
Circuit Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
June 27, 1944.
June 27, 1944.
Attorney(s) appearing for the Case
Douglas B. Maggs, Archibald Cox, and Louis Sherman, all of Washington, D. C., Irving Rozen, of New York City, and Kenneth Meiklejohn and Faye Blackburn, both of Washington, D. C., for respondent.
Landau & Friedman, of New York City (Solomon S. Friedman, of New York City, of counsel), for petitioners, Josephine Guiseppi et al.
Brower, Brill & Tompkins, of New York City (Ilo Orleans and Coleman Gangel, both of New York City, of counsel), for petitioners Mildred Maretzo et al.
Weisman, Quinn, Allan & Spett, of New York City (Samuel S. Allan and Seymour D. Altmark, both of New York City, of counsel), for petitioners Gemsco, Inc., et al.
Kraushaar & Kraushaar, of New York City (Meyer Kraushaar, of New York City, of counsel), for Lidz Brothers, Inc., amicus curiae.
Erwin Feldman, of New York City, for Harlem-Adler Co., Inc., and Schner-Block Company, amicus curiae.
Before L. HAND, SWAN, and FRANK, Circuit Judges.
Circuit Court of Appeals, Second Circuit.
FRANK, Circuit Judge.
1. Our starting point is this: Without the prohibition of home-work contained in the order of the Administrator the Act, in its application to this industry, will be unenforcible and will become virtually a dead letter. For so it was found as a fact by the Administrator, to whom the Act assigns its enforcement.2 And the truth of his findings petitioners cannot here dispute, since they do not assert that those findings...
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