Legal Opinion

Mitchell v. Southwest Engineering Co.

Court of Appeals for the Eighth Circuit

Decided November 10, 1959No. 16240PublishedCited by 7 opinions

1Opinion of the Court

WOODROUGH, Circuit Judge.

This action was brought on June 25, 1958, by the Secretary of Labor under Section 17 of the Fair Labor Standards Act of 1938 as amended1 to enjoin ap-*429pellees, Southwest Engineering Company, Inc., Paul Anderson and Robert Cloepfil, from violating the Act’s overtime and record-keeping provisions. On the trial of the case defendants conceded that they had not complied with the provisions in fulfilling certain construction contracts for the government described in the complaint but contended that the Act was not applicable to those contracts. The court held that the Act…

2Cases cited19 opinions

  1. Walling v. Helmerich & Payne, Inc.Supreme Court of the United States · 1944
  2. Mitchell v. Lublin, McGaughy & AssociatesSupreme Court of the United States · 1959
  3. Powell v. United States Cartridge Co.Supreme Court of the United States · 1950
  4. Local 74, United Brotherhood of Carpenters & Joiners of America v. National Labor Relations BoardSupreme Court of the United States · 1951
  5. James P. Mitchell, Secretary of Labor, United States Department of Labor v. Hodges Contracting Company and Kenneth B. HodgesCourt of Appeals for the Fifth Circuit · 1956

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3Cited by7 opinions

  1. Hodgson v. American Can Co.Court of Appeals for the Eighth Circuit · 1971
  2. Goldberg v. Kickapoo Prairie Broadcasting Co.Court of Appeals for the Eighth Circuit · 1961
  3. Usery v. JohnsonDistrict Court, D. North Dakota · 1977
  4. Hodgson v. American Can CompanyCourt of Appeals for the Eighth Circuit · 1971
  5. Wirtz v. Burton Mercantile & Gin Co.District Court, E.D. Arkansas · 1963

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