WEST KENTUCKY COAL CO. v. WALLING

No. 10044.

153 F.2d 582 (1946)

WEST KENTUCKY COAL CO. v. WALLING, Administrator of Wage and Hour Division, U. S. Dept. of Labor.

Circuit Court of Appeals, Sixth Circuit.

February 12, 1946.


Attorney(s) appearing for the Case

James G. Wheeler, of Paducah, Ky. (James G. Wheeler, of Paducah, Ky., and Lucius E. Burch, Jr. and C. O. Franklin, both of Memphis Tenn., on the brief), for appellant.

Faye Blackburn, of Washington, D. C. (William S. Tyson and Bessie Margolin, both of Washington, D. C., Glenn Elliott, of Nashville, Tenn., and Faye Blackburn and Helen Grundstein, both of Washington, D. C., on the brief), for appellee.

Before ALLEN and MARTIN, Circuit Judges, and PICARD, District Judge.


ALLEN, Circuit Judge.

The District Court issued an injunction restraining the appellant from committing violations of the Fair Labor Standards Act, Title 29, U.S.C. § 201 et seq, 29 U.S.C.A. § 201 et seq. The principal questions presented are whether appellant's employees are engaged in commerce or in production of goods for commerce, and are exempt from the operation of the Act by reason of being employed in a retail establishment, within the meaning of...

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