Charles Evans Whittaker

“ For the Act to apply, the cooperative must in a fair sense 'employ' its 'members.' Like the two courts below, I think it may not fairly be said, on this record, that there is any evidence that the cooperative ever did 'employ' its 'members,' or suffer or permit them to work for it. ”

“ It is clear and undisputed that the Fair Labor Standards Act does not apply in the absence of an employer-employee relationship. Here, upon what seems to me to be ample evidence, the District Court found that the cooperative was created and is being operated as a true cooperative under the laws of Maine, 170 F.Supp. ”