opinion: MARTIN TYPEWRITER CO. v. WALLING, Adm’r of Wage and Hour Division, Dept. of Labor.
  No. 3878.
  Circuit Court of Appeals, First Circuit.
  May 21, 1943.
  Abraham Breitbard, of Portland, Me. (Wilfred A. Hay, of Portland, Me., of counsel), for ap'pellant.
  Morton Liftin, of Washington, D. C. (Bessie Margolin, of Washington, D. C., Vernon C. Stoneman, of Boston, Mass., and Irving J. Levy, Acting Sol., and Morton H. Rowen, Atty., United States Department of Labor, of Washington, D. C., of counsel), for appellee.
  Before MAHONEY and WOODBURY, Circuit Judges, and WYZANSKI, District Judge.
  PER CURIAM.
  The appellee, alleging on information and belief that the appellant was engaged “in the business of producing goods for interstate commerce, and engaged in interstate commerce”, applied to the court below for an order requiring the appellant to appear and show cause why an order should not issue requiring it to comply with subpoena duces tecum which the appellee had prepared and served on the appellant but which it had ignored. The court issued the order to shovy cause and the appellant answered and moved to dismiss alleging that it was a “retail and servicing establishment, the greater part of whose selling and servicing is in intrastate commerce”, and that therefore it was not subject to the provisions of the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C.A. § 201 et seq. It did not put in issue the scope of the subpoena or the relevancy of the data therein described. The court, after .hearing, ordered the appellant to comply with the subpoena and set the time and place for its appearance with the books and records described, saying in the course of its memorandum opinion (D.C., 48 F.Supp. 751, 752): “This is an application to enforce a subpoena in what appears on its face to be an authorized and orderly investigation, and I do not feel justified in turning it into a lawsuit to decide a question which must be decided by the administrator in the course of his investigation, and which, if decided wrong, can be corrected later in a proceeding to enforce the orders of the administrator.”
  We are of the opinion that the order of the district court must be sustained on the authority of Endicott Johnson Corp. v. Perkins, 317 U.S. 501, 63 S.Ct. 339, 87 L.Ed. —. See, also, Walling v. Standard Dredging Corp., 2 Cir., 132 F.2d 322.
  The order of the District Court is affirmed.
instruction: What follows is an opinion from a United States Court of Appeals. You will be asked a question pertaining to issues that may appear in civil law issues involving government actors. The issue is: "Did the court rule for the government in an issue related to agency acquisition of information (e.g. physical inspections, searches, subpoenas, records, etc)? Answer the question based on the directionality of the appeals court decision. If the court discussed the issue in its opinion and answered the related question in the affirmative, answer "Yes". If the issue was discussed and the opinion answered the question negatively, answer "No". If the opinion considered the question but gave a mixed answer, supporting the respondent in part and supporting the appellant in part, answer "Mixed answer". If the opinion does not discuss the issue, or notes that a particular issue was raised by one of the litigants but the court dismissed the issue as frivolous or trivial or not worthy of discussion for some other reason, answer "Issue not discussed". If the opinion considered the question but gave a "mixed" answer, supporting the respondent in part and supporting the appellant in part (or if two issues treated separately by the court both fell within the area covered by one question and the court answered one question affirmatively and one negatively), answer "Mixed answer". If the opinion either did not consider or discuss the issue at all or if the opinion indicates that this issue was not worthy of consideration by the court of appeals even though it was discussed by the lower court or was raised in one of the briefs, answer "Issue not discussed".