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WEAVER v. PITTSBURGH STEAMSHIP CO.

No. 10074.

153 F.2d 597 (1946)

WEAVER et al. v. PITTSBURGH STEAMSHIP CO.

Circuit Court of Appeals, Sixth Circuit.

February 4, 1946.

Attorney(s) appearing for the Case

Stephen A. Mack, of Toledo, Ohio (Edward Lamb, of Toledo, Ohio, on the brief), for appellants.

A. F. Bunge, of Toledo, Ohio, and Carl A. Schipfer, of Cleveland, Ohio (McKeehan, Merrick, Arter & Stewart and George William Cottrell, of Cleveland, Ohio, and Marshall, Melhorn, Wall & Bloch, of Toledo, Ohio, on the brief), for appellee.

Joseph Stone, of Washington, D.C. (William S. Tyson and Bessie Margolin, both of Washington, D. C., Charles A. Reynard, of Cleveland, Ohio, and David O. Walter and Joseph M. Stone, both of Washington, D.C., on the brief), amicus curiae.

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

MARTIN, Circuit Judge.

Both contending counsel and the district judge have indulged in much argument as to whether an employee, engaged in "fitting out" a vessel for use in interstate commerce during the navigation season and in the "laying up" of the vessel at the conclusion of seasonal navigation on the Great Lakes, is engaged "in commerce" or in the "production of goods for commerce" within the meaning of Section 7 of the Fair Labor Standards Act of 1938, 29 U...

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