A. B. KIRSCHBAUM CO.
v.
FLEMING, ADMINISTRATOR OF THE WAGE AND HOUR DIVISION, U. S. DEPARTMENT OF LABOR

U.S. | 1942-03-02
No. 910
315 U.S. 792 Supreme Court of the United States (1942) Positive Treatment
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  • A. B. Kirschbaum Co. v. Walling, 316 U.S. 517 (U.S. 1942)
    …s for the Second Circuit reversed. 125 F. 2d 278. Despite [*520] this concurrence of views of the two Circuit Courts of Appeals,1 we brought the cases here because of the important questions presented as to the scope of the Fair Labor Standards Act. 315 U. S. 792. To search for a dependable touchstone by which to determine whether employees are “engaged in commerce or in the production of goods for commerce” is as rewarding as an attempt to square the circle. The judicial task in marking out the extent to w…

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