NATIONAL AUTOMATIC LAUNDRY AND CLEANING COUNCIL v. SHULTZ

No. 22692.

443 F.2d 689 (1971)

NATIONAL AUTOMATIC LAUNDRY AND CLEANING COUNCIL, Appellant v. George P. SHULTZ, Secretary, U. S. Department of Labor, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 31, 1971.


Attorney(s) appearing for the Case

Mr. Edward Hatton, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Messrs. Ashley Sellers and Charles E. Yonkers, Washington, D. C., were on the brief, for appellant.

Mr. Nathan Dodell, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., Joseph M. Hannon and Roger E. Zuckerman, Asst. U. S. Attys., and Robert B. Nicholson, Atty., U. S. Department of Labor, were on the brief, for appellees. Mr. David G. Bress, U. S. Atty., at the time the record was filed, also entered an appearance for appellees.

Before WRIGHT, LEVENTHAL and ROBINSON, Circuit Judges.


LEVENTHAL, Circuit Judge:

Appellant brought an action for a judgment declaring invalid a ruling of the Administrator of the Wage and Hour Division of the Department of Labor that coin-operated laundries (sometimes called launderettes) are subject to the Fair Labor Standards Act (Act), 29 U.S.C. § 201 et seq., as amended in 1966. The District Court dismissed the action, stating, "[T]he Court is of the opinion that there exists no case or controversy between...

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