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Mitchell v. Bekins Van & Storage Co.

352 U.S. 1027 Court SCOTUS Decision date 1957-03-11 Docket No. 122 English

Judges Mr. Justice Burton and Mr. Justice Harlan, believing that the decision of the Court of Appeals was based upon proper standards and sufficient evidence, would affirm the judgment.

Delivered by Per Curiam:

Contents

Majority

p. 1027
March 11, 1957.
No. 122.
Mitchell, Secretary of Labor, v. Bekins Van & Storage Co.
Argued February 26-27, 1957.
Decided March 11, 1957.
Bessie Margolin argued the cause for petitioner. With her on the brief were Solicitor General Rankin, Stuart Rothman and Eugene R. Jackson. William French Smith argued the cause for respondent. With him on the brief was Homer D. Grotty.

The judgment is reversed. Respondent’s five physically separate warehouses do not constitute a single “retail establishment” within the meaning of the exemption provided by §13 (a)(2) of the Fair Labor Standards Act, 52 Stat. 1067 , as amended, 63 Stat. 917 , 29 U. S. C. § 213 (a)(2). Phillips, Inc., v. Walling, 324 U. S. 490 ; see 95 Cong. Rec. 12579.

Mr. Justice Burton and Mr. Justice Harlan, believing that the decision of the Court of Appeals was based upon proper standards and sufficient evidence, would affirm the judgment.

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