Walling v. Bridgeport Tobacco Co.
| Decision Date | 30 October 1944 |
| Docket Number | No. 2666.,2666. |
| Citation | 57 F. Supp. 429 |
| Parties | WALLING, Adm'r of Wage and Hour Division, U. S. Department of Labor, v. BRIDGEPORT TOBACCO CO., Inc. |
| Court | U.S. District Court — Northern District of Illinois |
Douglas B. Maggs, Sol., and Archibald Cox, Associate Sol., both of Washington, D. C., and Kenneth P. Montgomery, Regional Atty., U. S. Department of Labor, Wage and Hour Division, of Chicago, Ill., for plaintiff.
David Silbert, of Chicago, Ill., for defendant.
This is an action brought by the Administrator of the Wage and Hour Division of the United States Department of Labor to restrain the defendant from continuing alleged violations of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq.
The parties have entered into a full stipulation of facts and the cause is now presented to the Court on the said stipulation and written briefs and arguments.
Briefly summarized, the facts are as follows: The defendant, an Illinois corporation, is a wholesale distributor of tobacco products in the City of Chicago and elsewhere in the State of Illinois. It secures its products, chiefly cigarettes, from the various manufacturers throughout the United States. In the case of about 75% of the defendant's merchandise the products are shipped by the manufacturers to a freight station and warehouse known as the Western Warehousing Company in Chicago. This Company is a subsidiary of the Pennsylvania Railroad Company. The manufacturers of the products ship in large quantities to the Western Warehousing Company, and the defendant and other wholesale tobacco distributors in the State of Illinois withdraw their needs from the said warehouse upon presentation of release orders sent to the distributor by the manufacturer. The defendant, after securing these products at the warehouse, takes them in its own trucks to its place of business where they are unloaded, opened, stamped, placed upon the shelves for sale and sold to retailers and sub-jobbers, all within the State of Illinois. The remaining 25% of the defendant's merchandise is shipped directly by manufacturers to the defendant's place of business at which point the products are unloaded by the shippers' agents and left on defendant's platform. They subsequently receive the same treatment as products which the defendant picks up in its own trucks from the Western Warehousing Company. The products consist principally of nationally advertised cigarettes, cigars and pipe tobacco and the volume which defen...
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Wirtz v. NATIONAL ELECTRIC COMPANY
...F.Supp. 131 (D.C.Wis.1943), aff'd 7 Cir., 138 F. 2d 602, cert. den. 321 U.S. 785, 64 S.Ct. 782, 88 L.Ed. 1077; Walling v. Bridgeport Tobacco Co., 57 F.Supp. 429 (D.C. Ill.1944); Brosius v. Pepsi-Cola Co., 155 F.2d 99 (Third Cir. 1946); Englert v. S. Birch & Sons Const. Co., 163 F.2d 34 (Nin......
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Shultz v. NATIONAL ELECTRIC COMPANY, 130-68.
...F.2d 778, cert. denied, 318 U.S. 757, 63 S.Ct. 528, 87 L.Ed. 1130; Parks v. Puckett, W.D.Ark., 154 F.Supp. 842; Walling v. Bridgeport Tobacco Co., N.D.Ill., 57 F.Supp. 429. In Clyde v. Broderick, 144 F.2d 348, 351, we "When goods once enter the channels of interstate commerce they thereby a......
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Texas Co. v. Pitman
... ... 293, 297, 30 S.E.2d 669, 672: ... 'It was pointed out in the cases of Walling v ... Jacksonville Paper Co., 317 U.S. 564, 63 S.Ct. 332, 87 ... L.Ed. 460, Kirschbaum v ... would be the effect of such transactions.' See also 150 ... A.L.R. 878; Walling v. Bridgeport Tobacco Co., D.C., ... 57 F.Supp. 429. In the last cited case the court held: ... 'Tobacco ... ...
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Tex. Co v. Pitman
...so it is not necessary to decide what would be the effect of such transactions." See also 150 A.L.R. 878; Walling v. Bridgeport Tobacco Co., D.C, 57 F.Supp. 429. In the last cited case the court held: "Tobacco wholesaler's employees, engaged in handling tobacco products within one state aft......