Walling v. Block

Both on reason and authority, I believe that the judgment should be reversed.

There is no “dependable touchstone” by which the applicability of the statute in question can be determined. Kirschbaum v. Walling, 316 U.S. 517, 520, 62 S.Ct. 1116, 86 L.Ed. 1638. “The question of the Act’s coverage depends on the special facts pertaining to the particular business.” Walling v. Jacksonville Paper Co., 317 U.S. 564, 572, 63 S.Ct. 332, 337, 87 L.Ed. 460.

This being so, we must be careful to keep before us all the significant facts pertaining to the business of Block’s Shoe Stores. While the majority…