BABBITT AUTO PARTS CO. v. FLEMING

Nos. 10556, 10961.

51 F.Supp. 360 (1941)

BABBITT AUTO PARTS CO. v. FLEMING, Administrator of the Wage and Hour Division, United States Department of Labor, et al. ÆTNA AUTO PARTS CO. v. SAME.

District Court of the United States for the District of Columbia.

July 2, 1941.


Attorney(s) appearing for the Case

Henry H. Koven, of Chicago, Ill., and J. S. Guthman, of Washington, D. C., for plaintiffs.

Gerard D. Reilly, of Washington, D. C., for Department of Labor.

Robert L. Stern, Sp. Asst. to Atty. Gen., for the Attorney General.


MORRIS, Associate Justice.

In both these actions the plaintiffs seek judgments declaring that Sections 6 and 7 of the Fair Labor Standards Act of 1938, U.S.C.A. Title 29, Chapter 8, Sections 206 and 207, do not, under the circumstances and facts set forth in the complaints, apply to the plaintiffs or their employees. The defendants have moved the Court in both actions to dismiss the complaints. The cases were combined for argument on such motions.

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