SHELBOURNE, District Judge.
1. That on June 25, 1938, and continuously since the enactment of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., the defendant was engaged in commerce within the meaning of said Act.
2. That complainant was an employee of defendant continuously from June 25, 1938, until March, 1945, when he resigned.
3. That at the time of the enactment of said statute and for more than ten years previous to its enactment...
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