KENTUCKY FINANCE COMPANY v. MITCHELL

No. 13287.

254 F.2d 8 (1958)

KENTUCKY FINANCE COMPANY, Inc. and Kentucky Discount, Inc., Appellants, v. James P. MITCHELL, Secretary of Labor, Appellee.

United States Court of Appeals Sixth Circuit.

April 15, 1958.


Attorney(s) appearing for the Case

Harold H. Levin, New York City, Frank A. Logan (of Hensley & Logan), Thomas S. Dawson (of Bullitt, Dawson & Tarrant), Louisville, Ky., Harold H. Levin (of Proskauer, Rose, Goetz & Mendelsohn), New York City, Charles S. Kelly (of Hubachek & Kelly), Chicago, Ill., on brief, for appellants.

Bessie Margolin, Asst. Sol., Washington, D. C., Stuart Rothman, Sol., Sylvia S. Ellison and Lawrence P. Hochberg, Washington, D. C., Jeter S. Ray, Regional Attorney, Nashville, Tenn., on brief, for appellee.

Armin Kusswurm, Chicago, Ill., on brief for National Restaurant Ass'n amicus curiæ.

Before SIMONS, Chief Judge, and ALLEN and MILLER, Circuit Judges.


SIMONS, Chief Judge.

The appeal presents an issue as to the application of the Fair Labor Standards Act to the employees of a small loan office in Louisville, Kentucky, Title 29, Sections 201 et seq. The original Act by section 13(a) (2) exempted from its operation "any employee engaged in any retail or service establishment the greater part of whose selling or servicing is in intrastate commerce. * * *" Dissatisfaction having arisen with the administrative application...

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