This section contains the nature of the case and procedural background.

The Fair Labor Standards Act set up regulations preventing substandard labor conditions. Darby (D) manufactured lumber. While running his business, he violated some of the regulations. Since some of D's goods were shipped out of state, he was found to be within the boundaries of the Act and was arrested. Appellee demurred to an indictment, and the district court sustained the demurrer and quashed the indictment, and the case comes to the Supreme Court on direct appeal. The lower court determined that the Act was unconstitutional since it regulated D's employees who were involved in manufacturing within a state, not in interstate commerce.

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