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GOLDBERG v. FURMAN BEAUTY SUPPLY, INC.

No. 13638.

300 F.2d 16 (1962)

Arthur J. GOLDBERG, Secretary of Labor, United States Department of Labor, Appellant, v. FURMAN BEAUTY SUPPLY, INC.

United States Court of Appeals Third Circuit.

Decided March 1, 1962.

Attorney(s) appearing for the Case

Robert E. Nagle, Washington, D. C. (Charles Donahue, Solicitor of Labor, Bessie Margolin and Morton Liftin, Assistant Solicitors, Ernest N. Votaw, Regional Atty., Washington, D. C., on the brief), for appellant.

Sidney E. Friedman, Harrisburg, Pa., for appellee.

Before BIGGS, Chief Judge, and KALODNER and STALEY, Circuit Judges.

BIGGS, Chief Judge.

The Secretary of Labor, pursuant to Section 17 of the Fair Labor Standards Act, as amended, 29 U.S.C.A. § 217 (Supp.1961), seeks an injunction restraining the defendant, Furman Beauty Supply, Inc., from violating the minimum wage, maximum hours and record keeping provisions of the Act.1 Furman asserted as a defense that it is engaged primarily in intrastate commerce "and only in an insubstantial manner in interstate...

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