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GOLDSTEIN v. DABANIAN

Nos. 13470, 13471.

291 F.2d 208 (1961)

Charles GOLDSTEIN, Appellant, v. Megerdich DABANIAN and Emma K. Dabanian t/a East Tioga Check Service. Louis SERNOVITZ, Herbert Sabulsky and Sidney Singer, Appellants, v. Irving HERTZ, t/a Terminal Check Service.

United States Court of Appeals Third Circuit.

Decided June 2, 1961.

Rehearing Denied June 29, 1961.

Attorney(s) appearing for the Case

Stanley Bernard Singer, Philadelphia, Pa., for appellants.

Robert E. Nagle, Washington, D. C. (Charles Donahue, Solicitor, Bessie Margolin, Asst. Solicitor, U. S. Dept. of Labor, Washington, D. C., Ernest N. Votaw, Regional Atty., Chambersburg, Pa., on the brief), for Secretary of Labor, amicus curiae.

Oscar Spivack, Charles W. Woolever, Philadelphia, Pa. (Raymond L. Shapiro, Wexler, Mulder & Weisman, Philadelphia, Pa., on the brief), for appellees.

Before GOODRICH, STALEY and FORMAN, Circuit Judges.

GOODRICH, Circuit Judge.

These two appeals present the same question, namely, whether employees of the two defendants are engaged in interstate commerce or the production of goods for commerce under the Fair Labor Standards Act, 29 U.S.C.A. § 206(a). The plaintiffs sued to recover unpaid overtime compensation, liquidated damages and counsel fees.1 The district court held that they were not engaged in commerce or the production of...

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