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SHULTZ v. MERRIMAN

No. 7453.

425 F.2d 228 (1970)

George P. SHULTZ, Secretary of Labor, United States Department of Labor, Plaintiff, Appellee, v. Roger MERRIMAN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

April 14, 1970.

Attorney(s) appearing for the Case

David J. KillKelley, Laconia, N. H., with whom Nighswander, Lord & Martin, Laconia, N. H., was on the brief, for appellant.

Le Roy M. Jahn, Atty., Washington, D. C., with whom Laurence H. Silberman, Solicitor of Labor, Bessie Margolin, Associate Sol., Carin Ann Clauss, Atty., Washington, D. C., and Albert H. Ross, Regional Solicitor, were on the brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

PER CURIAM.

The decision of the district court is affirmed on the basis of its opinion, reported 303 F.Supp. 1174, except as modified herein. We do not adopt the penultimate paragraph, and the paragraph immediately prior thereto; the one because the finding that 26% of the plans, maps, etc., hereinafter plans, moved in interstate commerce is unsupported in the evidence, and the other because we find it unnecessary to our decision...

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