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FLEMING v. TIDEWATER OPTICAL CO.

35 F.Supp. 1015 (1940)

FLEMING v. TIDEWATER OPTICAL CO., Inc.

District Court, E. Virginia, Norfolk Division.

October 11, 1940.

Attorney(s) appearing for the Case

Beverley R. Worrell, Regional Atty. of Wage and Hour Division, U. S. Dept. of Labor, James P. Hart, Jr., both of Richmond, Va., and George B. Searls, of Wage and Hour Division, U. S. Dept. of Labor, of Washington, D. C., for plaintiff.

James G. Martin, of Norfolk, Va., for defendant.

WAY, District Judge.

With regard to the contention that the Wage and Hour Act, Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., is unconstitutional, I will assume that act is constitutional until the Supreme Court has ruled to the contrary. I think a district court would be going far to hold the Act unconstitutional in the face of the numerous decisions that have been rendered in recent years with respect to what is interstate commerce. It is unfortunate...

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