WALLING v. FRED WOLFERMAN, INC.

No. 1694.

54 F.Supp. 917 (1944)

WALLING, Administrator of Wage and Hour Division, U. S. Dept. of Labor, v. FRED WOLFERMAN, Inc.

District Court, W. D. Missouri, W. D.

April 17, 1944.


Attorney(s) appearing for the Case

Reid Williams and Henry J. Smith, both of Kansas City, Mo., for plaintiff.

R. B. Caldwell and Blatchford Downing, of Caldwell, Downing, Noble & Garrity, all of Kansas City, Mo., for defendant.


OTIS, District Judge.

The prime question presented by this case is whether the employees of defendant who are engaged in manufacturing, in one of defendant's stores, candy for defendant's retail food stores and solely for them are withdrawn from the coverage of the overtime wage provisions of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., by reason of Section 213(a) (2) of that Act which provides that those provisions shall not apply to "any employee...

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