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MITCHELL v. EDWARD S. WAGNER CO.

No. 34, Docket 23063.

217 F.2d 303 (1954)

James P. MITCHELL, Secretary of Labor, Plaintiff-Appellee, v. EDWARD S. WAGNER CO., Inc., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 26, 1954.

Attorney(s) appearing for the Case

Bessie Margolin, Chief of Appellate Litigation, U. S. Dept. of Labor, Washington, D. C. (Stuart Rothman, Sol., Sylvia S. Ellison, Atty., U. S. Dept. of Labor, Washington, D. C., and John A. Hughes, Regional Atty., New York City, on the brief), for plaintiff-appellee.

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

Before CLARK, Chief Judge, and FRANK and HARLAN, Circuit Judges.

PER CURIAM.

This is an appeal from an order enjoining defendant from further violating the Fair Labor Standards Act, §§ 6, 15(a), 29 U.S.C. §§ 206, 215(a), and administrative regulations pursuant thereto, 29 CFR 617, 516 (as amended in 1951). On a prior appeal this court held that industrial homeworkers employed by defendant were covered by the Act, but not by the regulations then in effect. Tobin v. Edward S. Wagner Co., 2 Cir.,

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