Phillips v. Star Overall Dry Cleaning Laundry Co.
Court of Appeals for the Second Circuit
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
- Enterprise Box Co. v. FlemingCourt of Appeals for the Fifth Circuit · 1942
- Slover v. WathenCourt of Appeals for the Fourth Circuit · 1944
- Walling v. Roland Electrical Co.Court of Appeals for the Fourth Circuit · 1945
- Lonas v. National Linen Service Corp.Court of Appeals for the Sixth Circuit · 1943
- Martino v. Michigan Window Cleaning Co.Court of Appeals for the Sixth Circuit · 1944
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