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DIVINE v. LEVY

No. 365.

39 F.Supp. 44 (1941)

DIVINE v. LEVY et al.

District Court, W. D. Louisiana, Shreveport Division.

May 22, 1941.

Attorney(s) appearing for the Case

LeRoy Smallenberger, of Shreveport, La., for plaintiff.

Blanchard, Goldstein, Walker & O'Quin, of Shreveport, La., for defendants Ben Levy and A. Goldstein.

Edward S. Klein, and Wilkinson, Lewis & Wilkinson, all of Shreveport, La., for Jay Weil and Harry Weil.

Gerard D. Reilly, Sol., and Irving J. Levy, Asst. Sol., both of Washington, D. C., Jerome A. Cooper, Acting Regional Atty., of Birmingham, Ala., and D. Douglas Howard, Associate Atty., of New Orleans, La., amici curiae.

PORTERIE, District Judge.

This is the second time we have had this case for consideration. See 36 F.Supp. 55.

The point to be decided now is whether or not the plaintiff was "engaged in commerce or in the production of goods for commerce." Fair Labor Standards Act of 1938, Sec. 6(a), C. 676, 52 Stat. 1062, 29 U.S.C.A. § 206(a). The issue arises under a motion for summary judgment.

The plaintiff was a common...

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