Opinion
No. 3746.
June 3, 1942.
Appeal from the District Court of the United States for the District of New Hampshire; George F. Morris, Judge.
Omer H. Amyot, of Manchester, N.H., for appellants.
John E. Tobin, of Manchester, N.H., for F.M. Hoyt Shoe Corporation, appellee.
George W. Crockett, Jr., and Warner W. Gardner, Sol., Mortimer B. Wolf, Asst. Sol., and Vernon Stoneman, Regional Atty., U.S. Department of Labor, all of Washington, D.C. (Jacob D. Hyman and Joseph L. Breen, both of Washington, D.C., of counsel), for Wage and Hour Division, as amicus curiae.
Before MAHONEY and WOODBURY, Circuit Judges, and SWEENEY, District Judge, sitting.
Upon the authority of Kirschbaum v. Walling (Arsenal Building Corporation v. Walling), 62 S.Ct. 1116, 86 L.Ed. ___, decided by the United States Supreme Court June 1, 1942, the judgment of the District Court is reversed.