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NATIONAL LEAGUE OF CITIES v. BRENNAN

Civ. A. No. 74-1812.

406 F.Supp. 826 (1974)

The NATIONAL LEAGUE OF CITIES, an Illinois Corporation, on behalf of its member cities, et al., Plaintiffs, and The State of California, By and Through Evelle J. Younger, Attorney General, on Behalf of the People of the State of California, et al., Plaintiffs-Intervenors, and The State of Indiana et al., Plaintiffs-Intervenors, v. The Honorable Peter J. BRENNAN, Secretary of Labor of the United States, Defendant.

United States District Court, District of Columbia.

December 31, 1974.

Attorney(s) appearing for the Case

Charles S. Rhyne, Washington, D. C., for plaintiffs.

Talmadge R. Jones, Deputy Atty. Gen., State of California, Sacramento, Cal., for plaintiffs-intervenors.

Nathan Dodell, Asst. U. S. Atty., Washington, D. C., for defendants.

Before LEVENTHAL, Circuit Judge, and GASCH and PARKER, District Judges.

PER CURIAM:

Petitioners, individual cities and states, the National League of Cities, and the National Governors' Conference, challenge the 1974 amendments to the Fair Labor Standards Act (FLSA), Public Law 93-259, 88 Stat. 55, amending 29 U.S.C. § 201 et seq. (1970), as beyond the power of Congress under the Commerce Clause in that they purport to extend the coverage of the FLSA to nonsupervisory state and municipal employees, including police and firemen...

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