Legal Opinion

James D. Hodgson, Secretary of Labor, United States Department of Labor v. Odus Wittenburg, D/B/A Wittenburg Livestock Company

Court of Appeals for the Fifth Circuit

Decided August 22, 1972No. 71-2654PublishedCited by 15 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

This appeal turns on the question whether employees who work in a facility used primarily for receiving, weighing, and holding livestock for resale are “employed in agriculture”; the employees perform some agricultural labor.

The Secretary of Labor brings this action under Section 17 of the Fair Labor Standards Act. 1 He seeks to enjoin Odus Wittenburg, the defendant-appellee, from violating the Act’s minimum wage, overtime, record-keeping, and child-labor provisions, and to restrain Wittenburg from continuing to withhold unpaid wages due the employees at the San Angelo…

2Cases cited10 opinions

  1. Farmers Reservoir & Irrigation Co. v. McCombSupreme Court of the United States · 1949
  2. Bowie v. GonzalezCourt of Appeals for the First Circuit · 1941
  3. Telefilm, Inc. v. Superior CourtSupreme Court of the United States · 1949
  4. Calaf v. GonzalezCourt of Appeals for the First Circuit · 1942
  5. W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Mississippi Publishers CorporationCourt of Appeals for the Fifth Circuit · 1966

5 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Doris L. Gossett v. Du-Ra-Kel Corporation, D/B/A Swanee's Motel, and Duane v. Swanson, IndividuallyCourt of Appeals for the Fifth Circuit · 1978
  2. Richard D. Skipper v. Superior Dairies, Inc., a CorporationCourt of Appeals for the Fifth Circuit · 1975
  3. Roebuck v. Hudson Valley Farms, Inc.District Court, N.D. New York · 2002
  4. Peter J. Brennan, Secretary of Labor, United States Department of Labor v. Sugar Cane Growers Cooperative of Florida and Robert LeeCourt of Appeals for the Fifth Circuit · 1974
  5. Peter J. Brennan, Secretary of Labor, United States Department of Labor v. Six Flags Over Georgia, Ltd., and Great Southwest Atlanta Corp.Court of Appeals for the Fifth Circuit · 1973

10 more not listed; retrieve them via the Exa API.

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