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LANE v. HOLDERMAN

23 N.J. 304 (1957)

129 A.2d 8

CHRISTOPHER LANE, ET AL., PETITIONERS-APPELLANTS, v. CARL HOLDERMAN, COMMISSIONER OF LABOR AND INDUSTRY OF THE STATE OF NEW JERSEY, RESPONDENT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 4, 1957.

Attorney(s) appearing for the Case

Mr. John H. Yauch, Jr., argued the cause for appellants (Mr. James E. Fagan, of counsel; Mr. Daniel A. Degnan, on the brief; Messrs. Gilhooly, Yauch & Fagan, attorneys).

Mr. Thomas L. Franklin, Deputy Attorney-General, argued the cause for respondent (Mr. Grover C. Richman, Jr., Attorney-General of N.J., attorney; Mr. David D. Furman, Deputy Attorney-General, of counsel).

Mr. Sol D. Kapelsohn and Mr. William J. Isaacson, attorneys for Amalgamated Clothing Workers of America, AFLCIO, amicus curiae (Messrs. William J. Isaacson, Sol D. Kapelsohn and Herbert Semmel, on the brief).

Mr. Roger Hinds, amicus curiae, representing National Consumers' League and Consumers' League of N.J.; New Jersey Council of Churches, and its department, United Church Women of N.J.; Protestant Episcopal Diocese of N.J., Dept. of Christian Social Relations; Protestant Episcopal Diocese of Newark, Dept. of Christian Social Relations; N.J. State Federation of Colored Women's Clubs, Inc.; N.J. State Federation of Labor.

The opinion of the court was delivered by WACHENFELD, J.

Appellants, 43 employers in the laundry, dry cleaning and dyeing industry, petitioned the Appellate Division under R.R. 4:88-10 for a judgment declaring the provisions regulating overtime rates in Minimum Fair Wage Standards Mandatory Order No. 10, promulgated by the Commissioner of Labor and Industry under the Minimum Wage Act, invalid.

The order in question was issued on November 7, 1955 and...

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