Legal Opinion
W. Willard Wirtz, Secretary of Labor, United States Department of Labor, and Cross-Appellee v. Jackson & Perkins Company, and Cross-Appellant
Court of Appeals for the Second Circuit
Decided January 7, 1963No. 128, Docket 27630PublishedCited by 15 opinions
1Opinion of the Court
WATERMAN, Circuit Judge.
This appeal presents several questions concerning the coverage of the agriculture exemption of the Fair Labor Standards Act, 29 XJ.S.C. § 201 et seq.
The defendant below, Jackson & Perkins Company, operates a large nursery business. From its main establishment near Newark, New York, it sells rosebushes and other nursery stock, both at wholesale and retail, throughout the United States.
As a part of its operations, Jackson & Perkins maintains several “storages” at its Newark establishment. Nursery stock is received there from a variety of sources: (1) defendant’s'…
2Cases cited6 opinions
- Maneja v. Waialua Agricultural Co.Supreme Court of the United States · 1955
- James P. Mitchell, Secretary of Labor, United States Department of Labor v. Huntsville Wholesale Nurseries, Inc., and John Fraser, IIICourt of Appeals for the Fifth Circuit · 1959
- James P. Mitchell, Secretary of Labor, United States Department of Labor v. Troy Lee Hunt, D/B/A Gatesville Commission CompanyCourt of Appeals for the Fifth Circuit · 1959
- Damutz v. William Pinchbeck, Inc.Court of Appeals for the Second Circuit · 1946
- Walling v. RocklinCourt of Appeals for the Eighth Circuit · 1942
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Roebuck v. Hudson Valley Farms, Inc.District Court, N.D. New York · 2002
- W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Tyson's Poultry, Inc., a Corporation, and John TysonCourt of Appeals for the Eighth Circuit · 1966
- Harold Adkins v. Mid-American Growers, Inc.Court of Appeals for the Seventh Circuit · 1999
- National Labor Relations Board v. Kelly Brothers Nurseries, Inc.Court of Appeals for the Second Circuit · 1965
- Simeon Manriquez v. Manuel Diaz FarmsCourt of Appeals for the Eleventh Circuit · 2003
10 more not listed; retrieve them via the Exa API.