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UNITED STATES v. BERKE CAKE CO.

No. 39222.

50 F.Supp. 947 (1943)

UNITED STATES v. BERKE CAKE CO., Inc., et al.

District Court, E. D. New York.

July 1, 1943.

Attorney(s) appearing for the Case

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (Mario Pittoni, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for plaintiff.

Scribner & Miller, of New York City (Mark Hyman, of New York City, of counsel), for defendants Berke Cake Co., Inc., and others.

Louis Halle, of New York City (Louis Halle, of New York City, of counsel), for defendant Charles Urban.

Markewich, Rosenhaus & Markewich, of New York City (Samuel Markewich, of New York City, of counsel), for defendants Harry Meth and Joseph Bless.

BYERS, District Judge.

Demurrer to indictment.

The defendants in this case are the same as those referred to in decision of June 18 1943, sustaining the demurrer in cause No. 39178.

The object of this indictment is to allege a conspiracy, 18 U.S.C.A. § 88, to violate Sections 207 and 215, 29 U.S.C.A., Fair Labor Standards Act of 1938, concerning the employees of the corporations involved.

The allegation is that "said corporations, * *...

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