No. 57.

327 U.S. 178 (1946)


Supreme Court of United States.

Decided February 11, 1946.

Attorney(s) appearing for the Case

David H. Moses argued the cause for petitioners. With him on the brief was Morton Lexow.

Elisha Hanson argued the cause for respondent. With him on the brief was Letitia Armistead.

By special leave of Court, Jeter S. Ray argued the cause for the Administrator of the Wage and Hour Division, United States Department of Labor, as amicus curiae, urging reversal. With him on the brief were Solicitor General McGrath, William S. Tyson and Bessie Margolin.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Respondent publishes a daily newspaper at White Plains, New York. During the period relevant here, its daily circulation ranged from 9,000 to 11,000 copies. It had no desire for and made no effort to secure out-of-state circulation. Practically all of its circulation was local. But about one-half of 1 per cent was regularly out-of-state.1 Petitioners are some of respondent's employees...

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