Legal Opinion

Phillips v. Star Overall Dry Cleaning Laundry Co.

Court of Appeals for the Second Circuit

Decided May 7, 1945No. 78Published

1Opinion of the Court

149 F.2d 416 (1945)

PHILLIPS et al.

v.

STAR OVERALL DRY CLEANING LAUNDRY CO., Inc., et al.

No. 78.

Circuit Court of Appeals, Second Circuit.

May 7, 1945.

Before L. HAND, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

As Star was not the employer of the plaintiffs, it is clear that the complaint was properly dismissed as to it and no one now disputes that.

It should be noted at the outset that the plaintiffs were not engaged in interstate commerce simply because they performed part of the work involved in washing or otherwise cleaning and making ready for delivery to Star garments which Star…

2Cases cited19 opinions

  1. Brooklyn Savings Bank v. O'NeilSupreme Court of the United States · 1945
  2. United States v. DarbySupreme Court of the United States · 1941
  3. A. B. Kirschbaum Co. v. WallingSupreme Court of the United States · 1942
  4. Walling v. Jacksonville Paper Co.Supreme Court of the United States · 1943
  5. A. H. Phillips, Inc. v. WallingSupreme Court of the United States · 1945

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