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HIGGINS V. CARR BROTHERS CO., 317 U. S. 572 (1943)

U.S. Supreme Court

Higgins v. Carr Brothers Co., 317 U.S. 572 (1943)

Higgins v. Carr Brothers Co.

No. 97

Argued November 19, 1942

Decided January 18, 1943

317 U.S. 572


1. The record in this case does not warrant setting aside the conclusion of the court below that, when merchandise coming from other States was unloaded at the place of business of the wholesaler here (selling intrastate exclusively), its interstate movement had ended, and that an employee whose activities related to the goods thereafter was not covered by the Fair Labor Standards Act. Walling v. Jacksonville Paper Co., ante, p. 317 U. S. 564, distinguished. P. 317 U. S. 574.

2. That a wholesaler whose business is exclusively intrastate is in competition with wholesalers doing interstate business is of no significance in determining the applicability of the Fair Labor Standards Act, since that Act does not extend to activities "affecting" commerce, but only to such as are "in" commerce. P. 317 U. S. 574.

26 A.2d 214 affirmed.

Page 317 U. S. 573

Certiorari, 316 U.S. 658, to review the affirmance of a judgment denying recovery of alleged unpaid wages and for damages, in a suit brought by an employee against his employer, under the Fair Labor Standards Act.

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