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WALLING v. KERR

December 2, 1942

WALLING, Administrator of Wage and Hour Division, United States Department of Labor,
v.
KERR



The opinion of the court was delivered by: BARD

This is an action brought by the Administrator of the Wage and Hour Division to enjoin defendant from violating Section 15(a) (1), (a)(2) and (a)(5) of the Fair Labor Standards Act of 1938, c. 676, 52 Stat. 1060, 29 U.S.C.A. § 201 et seq. I make the following special

Findings of Fact:

 1. Plaintiff is the duly qualified Administrator of the Wage and Hour Division, United States Department of Labor.

 2. Defendant is a resident of Pennsylvania and is now, and has been since prior to October 24, 1938, the sole owner and operator of a dye house located in Philadelphia, Pennsylvania, where he is engaged, under the name of Oxford Dye Works, in the dyeing of carpet and rug yarns.

 3. From some time prior to October 24, 1938 until the present time the defendant has employed approximately twenty employees in his business.

 4. Defendant's business consists in the dyeing of yarns owned by his customers.

 5. The yarns which are dyed by defendant are delivered to him by his customers, who are carpet and rug manufacturers, and, after they have been dyed, are returned by the defendant to these customers.

 6. All defendant's customers are engaged in business in Pennsylvania and the manufacture of the carpets and rugs in which the yarns dyed by the defendant are used is conducted in Pennsylvania.

 7. When the carpets and rugs have been manufactured by defendant's customers they are sold and shipped to various points outside of Pennsylvania, to the defendant's knowledge.

 8. All of defendant's employees perform some of the operations necessary to the dyeing of the yarn and its delivery to defendant's customers.

 9. The control of the defendant over the yarn after it has been dyed ceases when he delivers it to the manufacturers of carpets and rugs.

 Discussion.

 The relevant portions of Section 15 of the Fair Labor Standards Act of 1938 which the Administrator seeks to enforce against this defendant make it unlawful "(1) to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 6 or section 7 [section 206 or section 207 of this ...


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