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WINCHELL'S DONUT HOUSE v. U. S. DEPT. OF LABOR

Civ. A. No. 79-0259.

526 F.Supp. 608 (1980)

WINCHELL'S DONUT HOUSE, DIVISION OF DENNY'S, INC., Plaintiff, v. UNITED STATES DEPARTMENT OF LABOR, et al., Defendants.

United States District Court, District of Columbia.

June 17, 1980.

Attorney(s) appearing for the Case

Thomas W. Power, Robert D. McDonald, Washington, D. C., for plaintiff.

Paul Myerson, Atty., U. S. Dept. of Labor, Washington, D. C., for defendants.

MEMORANDUM-ORDER

GASCH, District Judge.

In this action, plaintiff challenges: 1) the constitutionality of section 16(e) of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 216(e); and 2) the application to plaintiff of Child Labor Hazardous Order No. 11 ("H.O. 11"), 29 C.F.R. § 570.62, a regulation that prohibits the employment of minors in certain hazardous occupations involved in the operation of...

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