Charles Evans Whittaker,
Arnold v. Ben Kanowsky, Inc. — Dissent
“ Only if respondent's three enterprises constituted one 'establishment' would there be support in the record for the judgment, and, as stated, there is no finding to that effect. The only oral argument made here was by counsel for the Department of Labor, as amicus curiae. Its position is that, as a matter of law, respondent operated no more than two 'establishments'; that the phenolic enterprise might be one 'establishment,' and it clearly was not a 'retail or service establishment' as defined in § 13 (a) (I agree that this is so) ”
