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57 F. Supp. 523

Walling v. Consumers Co.

U.S. District Court

Decided January 14, 1944

U.S. District Court · decided 1944-01-14

Cited by 1 later decisions — most recently August 1947

1 district ·

Applies 29 U.S.C. § 213

Good law ✅— No negative treatment on recordhow we know

Decided 1944-01-14

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IGOE, District Judge.

¶1The court is of the opinion that the employees of the defendant, in all of its yards, who are engaged during part of their time in unloading merchandise coming from outside the State, are engaged in interstate commerce within the meaning of the Fair Labor Standards Act.

¶2The court is also of the opinion that the defendant is a “retail estab*529lishment” within the meaning of Section 13(a) (2) of the Act, 29 U.S.C.A. § 213(a) (2), and all of its employees are exempt from the provisions of the Act.

¶3Counsel for defendant will present appropriate findings of fact, conclusions of law and judgment order to make effective the views hereinabove expressed, at ten o’clock A.M. January 6, 1944.

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