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UNITED STATES v. F. W. DARBY LUMBER CO.

32 F.Supp. 734 (1940)

UNITED STATES v. F. W. DARBY LUMBER CO. et al.

District Court, S. D. Georgia.

April 29, 1940.

Attorney(s) appearing for the Case

Robert L. Stern, Sp. Asst. to Atty. Gen., and J. Saxton Daniel, U. S. Dist. Atty., of Savannah, Ga., for the United States.

Hitch, Denmark & Lovett, of Savannah, Ga. (Archibald B. Lovett, Malberry Smith, Jr., and Robt. M. Hitch, Jr., all of Savannah, Ga., and Fred T. Lanier, of Statesboro, Ga., for defendant.

BARRETT, District Judge.

Subsequent to the able oral arguments and the submission of thorough and exhaustive briefs in this case, the Circuit Court of Appeals of the Fifth Circuit decided the case of Opp Cotton Mills, Inc., v. Administrator Wage and Hour Division Etc., 111 F.2d 23, April 2, 1940.

In the opinion in the Opp case is found this language: "We are of opinion and so hold that the enactment of the Fair Labor Standards...

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