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WALLING v. CIMI EMBROIDERY & NOVELTY CO.

65 F.Supp. 389 (1945)

WALLING v. CIMI EMBROIDERY & NOVELTY CO., Inc.

District Court, S. D. New York.

November 14, 1945.

Attorney(s) appearing for the Case

Irving Rozen, Regional Atty., of New York City, Jeter S. Ray, Asst. Sol., of Washington, D. C., and James V. Altieri, Sr. Atty., and Samuel Gorin, Associate Atty., both of New York City, for plaintiff.

Gins & Massler, of New York City, for defendant.

Erich Cohn, of Forest Hills, N. Y., amicus curiae.

KNOX, District Judge.

If, as a matter of fact and law, the Administrator was authorized to continue in force the restrictive provisions having to do with the Embroideries industry, and which are here said to have expired by lapse of time, it is of small consequence that, under Subdivision (e) of Section 8 of the Fair Labor Standards Act, 29 U.S.C.A. § 208(e), the original restrictions are no longer operative. For this reason, the within motion is denied. If the...

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