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GOLDBERG v. WHITAKER HOUSE COOP.

No. 274.

366 U.S. 28 (1961)

GOLDBERG, SECRETARY OF LABOR, v. WHITAKER HOUSE COOPERATIVE, INC., ET AL.

Supreme Court of United States.

Decided April 24, 1961.

Attorney(s) appearing for the Case

Bessie Margolin argued the cause for petitioner. With her on the briefs were former Solicitor General Rankin, Solicitor General Cox, Harold C. Nystrom, Charles Donahue and Sylvia S. Ellison.

Philip S. Bird argued the cause for respondents. With him on the brief was Cyril M. Joly.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Respondent cooperative was organized in 1957 under the laws of Maine; and we assume it was legally organized. The question is whether it is an "employer" and its members are "employees" within the meaning of the Fair Labor Standards Act of 1938, § 3, 52 Stat. 1060, as amended, 29 U. S. C. § 203. The question is raised by a suit filed under § 17 of the Act...

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