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WIRTZ v. MAYER CONSTRUCTION CO.

Civ. No. 692-66.

291 F.Supp. 514 (1968)

W. Willard WIRTZ, Secretary of Labor, Plaintiff, v. MAYER CONSTRUCTION CO., and Barnegat Light Development Co., Defendants.

United States District Court D. New Jersey.

As Amended October 24, 1968.

Attorney(s) appearing for the Case

Charles Donahue, Sol., John A. Hughes, Regional Atty., Francis V. La Ruffa, Supervising Attorney, Joel H. Swift, Trial Atty., New York City, United States Dept. of Labor, for plaintiff.

Grosso, Beck & Mangino, by Marius Grosso, Orange, N. J., for defendants.

OPINION

COHEN, District Judge:

The primary issue requiring determination is whether, under the Fair Labor Standards Act, 29 U.S.C. §§ 201-219, the "enterprise concept" relating to local businesses handling goods which had moved in interstate commerce is a proper exercise by Congress of its constitutional power to regulate interstate commerce;1 and, if so, whether it is applicable...

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