Legal Opinion
W. Willard Wirtz, Secretary of Labor, U.S. Department of Labor v. Clyde H. Hebert and Cotulla Livestock Commission Company
Court of Appeals for the Fifth Circuit
Decided November 18, 1966No. 22893_1PublishedCited by 13 opinions
1Opinion of the Court
GRIFFIN B. BELL, Circuit Judge.
The Secretary appeals from an adverse decision of the District Court. Wirtz v. Hebert, S.D.Tex., 1965, 239 F.Supp. 705. The suit involved overtime compensation allegedly due one employee; Chris Walter, Jr., under the Fair Labor Standards Act. 29 U.S.C.A. § 207(a) (1). The question presented is whether Mr. Walter should be treated as a joint employee of the appellees, his employers, so as to require that his hours of employment be combined. We conclude that he was a joint employee and reverse.
Appellee Hebert owned and operated a livestock auction barn in…
2Cases cited5 opinions
- United States v. Klinghoffer Bros. Realty Corp., Irving Jacobson and Albert KlinghofferCourt of Appeals for the Second Circuit · 1961
- Walling v. FriendCourt of Appeals for the Eighth Circuit · 1946
- Mitchell v. Cowley & Bro.Court of Appeals for the Fifth Circuit · 1961
- Mitchell v. BowmanDistrict Court, M.D. Alabama · 1954
- Wirtz v. HebertDistrict Court, S.D. Texas · 1965
3Cited by13 opinions
- Elaine L. Chao, Secretary of Labor v. A-One Medical Services, Inc. Alternative Rehabilitation Home Healthcare, Inc. Lorraine Black and Hanahn KormanCourt of Appeals for the Ninth Circuit · 2003
- Brennan v. Arnheim & Neely, Inc.Supreme Court of the United States · 1973
- Hodgson v. Arnheim & Neely, Inc.Court of Appeals for the Third Circuit · 1971
- Bobby Hearnsberger v. L. E. 'Cotton' Gillespie, D/B/A Eudora Livestock Auction Company, Inc., and Eudora Livestock Auction Company, Inc.Court of Appeals for the Eighth Circuit · 1970
- Shultz v. Arnheim & Neely, Inc.District Court, W.D. Pennsylvania · 1969
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