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MITCHELL v. LUBLIN, McGAUGHY & ASSO.

No. 37.

358 U.S. 207 (1959)

MITCHELL, SECRETARY OF LABOR, v. LUBLIN, McGAUGHY & ASSOCIATES ET AL.

Supreme Court of United States.

Decided January 12, 1959.

Attorney(s) appearing for the Case

Bessie Margolin argued the cause for petitioner. With her on the brief were Solicitor General Rankin, Stuart Rothman and Jacob I. Karro.

Alan J. Hofheimer argued the cause for respondents. With him on the brief was Robert C. Nusbaum.

Milton F. Lunch filed a brief for the National Society of Professional Engineers, as amicus curiae, in support of respondents.

MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.

Petitioner, the Secretary of Labor, brought this action under § 17 of the Fair Labor Standards Act, 29 U. S. C. § 217,1 to restrain respondent2 from violating the record-keeping and overtime provisions of the Act. 29 U. S. C. §§ 206, 207, 211. The complaint was dismissed basically on the lower court's conclusion that the activities...

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