Legal Opinion

James P. Mitchell, Secretary of Labor, United States Department of Labor v. Mitchell Truck Line, Inc.

Court of Appeals for the Fifth Circuit

Decided January 31, 1961No. 18412PublishedCited by 86 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

We deal here with the problem of the sufficiency of proof of damages for underpayment of minimum wages and overtime under the Fair Labor Standards Act, 29 U.S.C.A. §§ 201-219. The District Court, being of the strong view that fixing some dollar amount would involve speculation, dismissed the actions altogether despite the convincing showing that some work was regularly done without compensation as required by the Act. We diságree and reverse. In doing so we must also consider the question whether prosecution of these suits by the Secretary of Labor for the eight…

Also in this document: Concurrence.

2Cases cited28 opinions

  1. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  2. Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
  3. Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
  4. Bigelow v. RKO Radio Pictures, Inc.Supreme Court of the United States · 1946
  5. Steiner v. MitchellSupreme Court of the United States · 1956

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

3Cited by86 opinions

  1. Rush Pettway, Etc. v. American Cast Iron Pipe Company, United States Equal Employment Opportunity Commission, IntervenorCourt of Appeals for the Fifth Circuit · 1974
  2. Boudreaux v. Banctec, Inc.District Court, E.D. Louisiana · 2005
  3. Commonwealth of Puerto Rico v. The Ss Zoe Colocotroni, Her Engines, Appurtenances, Etc.Court of Appeals for the First Circuit · 1980
  4. American Airlines, Inc. v. United States of America and Sara Ann Creasy, Sara Ann Creasy v. United StatesCourt of Appeals for the Fifth Circuit · 1969
  5. Jose L. Beliz, Cross-Appellees v. W.H. McLeod & Sons Packing Company, Cross-Appellant, Waldo GalanCourt of Appeals for the Fifth Circuit · 1985

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API