George P. Shultz, Secretary of Labor, United States Department of Labor v. Roger Merriman

The decision of the district court is affirmed on the basis of its opinion, reported 303 F.Supp. 1174, except as modified herein. We do not adopt the penultimate paragraph, and the paragraph immediately prior thereto; the one because the finding that 26% of the plans, maps, etc., hereinafter plans, moved in interstate commerce is unsupported in the evidence, and the other because we find it unnecessary to our decision.

Amplifying the portion of the opinion dealing with the question whether the plans constituted “goods,” we are of the view that plans are not merely embodiments of intangible…