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10 EAST 40TH ST. CO. v. CALLUS

No. 820.

325 U.S. 578 (1945)

65 S.Ct. 1227

89 L.Ed. 1806

10 EAST 40TH STREET BUILDING, INC. v. CALLUS ET AL.

Supreme Court of United States.

Decided June 11, 1945.

Attorney(s) appearing for the Case

Mr. Joseph M. Proskauer, with whom Mr. Harold H. Levin was on the brief, for petitioner.

Mr. Monroe Goldwater, with whom Messrs. Aaron Benenson and James L. Goldwater were on the brief, for respondents.

Miss Bessie Margolin, with whom Solicitor General Fahy, Messrs. Chester T. Lane and Douglas B. Maggs were on the brief, for the Administrator of the Wage and Hour Division, United States Department of Labor, as amicus curiae, urging affirmance.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

The Fair Labor Standards Act of 1938 regulates wages and hours not only of employees who are "engaged in commerce" but also those engaged "in the production of goods for commerce." Sections 6, 7, 52 Stat. 1060, 1062-63, 29 U.S.C. §§ 206, 207. For the purposes of that Act "an employee shall be deemed to have been engaged in the production of goods if such employee was employed. . . in any process...

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