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SUNSHINE MINING CO. v. CARVER

No. 1444.

34 F.Supp. 274 (1940)

SUNSHINE MINING CO. v. CARVER, U. S. Dist. Atty., et al.

District Court, D. Idaho, N. D.

July 1, 1940.

Attorney(s) appearing for the Case

Joseph C. Cheney, of Yakima, Wash., and H. J. Hull, of Wallace, Idaho, for plaintiff.

John A. Carver, U. S. Dist. Atty., and E. H. Casterlin and Paul S. Boyd, Asst. U. S. Dist. Attys., all of Boise, Idaho, and Dorothy M. Williams, of San Francisco, Cal., for defendant John A. Carver.

R. Max Etter, of Spokane, Wash., and Carl M. Buell, of St. Maries, Idaho, for Wallace Local No. 14 and members, and Kellogg Local No. 18 and members.

Robert E. Brown and Eugene S. Ware, both of Kellogg, Idaho, for defendant Mine, Mill & Smelter Workers Local No. 21520 and members.

CAVANAH, District Judge.

The plaintiff is a mining company engaged in extracting ore from its mining property in Idaho.

The principal questions before the Court are presented on defendants' motion to dismiss and appear to be:

1. Is the plaintiff engaged in commerce within the meaning of the Constitution of the United States and the Fair Labor Standards Act, 29 U.S.C.A., § 201 et seq.?

2. Does the complaint state facts sufficient to constitute...

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