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Frances PerkinsFrances Perkins
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proud and I showed it. Owen was a little embarrassed, but he was very pleased. He said, “Really, do you think so?”

I said, “Oh yes, Owen, this is going to be the making of you, really,” which proved to be the case. There were learned editorials on the learned Mr. Justice Roberts who was able to make these adjustments.

He said to me, “You know, it was very possible to differentiate between this case and some of the earlier cases. I can explain it to you. They were not exactly the same.”

I said, “All right, I believe you, Owen. They were not exactly the same, but I'm pleased nevertheless.” I never heard from his mouth just how he differentiated them, but the differentiation was nothing serious.

Anyhow, the idea was that the votes had changed. There was still another decision, which I don't remember, in which there was an opinion written by Mr. Justice Roberts in which he attempted to differentiate between an earlier case and this case, and in differentiating it we got the clue to what would get by in wage-hour legislation, and what the argument would have to be in order to sustain it. I remember that Charlie Wyzanski came down to me and said, “This is a very remarkable





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