Legal Opinion · Concurrence

Phillips v. Star Overall Dry Cleaning Laundry Co.

Court of Appeals for the Second Circuit

Decided May 7, 1945No. 78Published

1ConcurrenceClark, Circuit Judge

Though I agree with what is said in the opinion, I should have preferred to rest decision upon the broader ground that even as to the cleaning of those garments owned by the people who wore them, defendant-appellant was within the Act, i.e., that the limitation of “goods” in § 3(i) to exclude those delivered into “the actual physical possession of the ultimate consumer” does not apply when those goods are again returned, even if only for a limited time, to the stream of interstate commerce as otherwise defined in the Act. This is in line with the legislative history — now persuasively…

2Cases cited6 opinions

  1. Enterprise Box Co. v. FlemingCourt of Appeals for the Fifth Circuit · 1942
  2. Slover v. WathenCourt of Appeals for the Fourth Circuit · 1944
  3. Walling v. Roland Electrical Co.Court of Appeals for the Fourth Circuit · 1945
  4. Lonas v. National Linen Service Corp.Court of Appeals for the Sixth Circuit · 1943
  5. Martino v. Michigan Window Cleaning Co.Court of Appeals for the Sixth Circuit · 1944

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