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TOBIN v. EDWARD S. WAGNER CO.

No. 112, Docket 21793.

187 F.2d 977 (1951)

TOBIN v. EDWARD S. WAGNER CO., Inc.

United States Court of Appeals Second Circuit.

Decided March 21, 1951.

Attorney(s) appearing for the Case

Benjamin L. Lasky, Brooklyn, N. Y. (Charles M. Joseph, New York City, of counsel), for defendant-appellant.

John A. Hughes, Regional Attorney, Office of Solicitor, U. S. Dept. of Labor, New York City (William S. Tyson, Solicitor, Bessie Margolin, Asst. Solicitor, and Helen Grundstein, Attorney, U. S. Dept. of Labor, all of Washington, D. C., of counsel), for plaintiff-appellee.

Before L. HAND, Chief Judge, and SWAN and FRANK, Circuit Judges.

The facts (except those added in the opinion of this court) are stated in the opinion of the District Court, 89 F.Supp. 304.

FRANK, Circuit Judge.

In the light of Gemsco v. Walling, 324 U.S. 244, 65 S.Ct. 605, 89 L.Ed. 921,1 and especially because of the subsequent addition of Section 11(d) of the Act2 we think the Act sufficiently...

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