Legal Opinion

Walling v. Sondock

Court of Appeals for the Fifth Circuit

Decided December 12, 1942No. 10321PublishedCited by 33 opinions

1Opinion of the Court

HOLMES, Circuit Judge.

Appellees operate an agency engaged in the business of furnishing guards or watchmen to various customers in and about Houston, Texas. The question for decision is whether appellees are subject to the provisions of Sections 6 and 7 of the Fair Labor Standards Act of 1938 1 with respect to those of their employees that are furnished to customers engaged in the production of goods for commerce or the distribution of goods in commerce.

Whether or not the Act, 29 U.S. C. A. § 151 et seq., is applicable in a given instance depends upon the character of the duties performed by…

2Cases cited2 opinions

  1. A. B. Kirschbaum Co. v. WallingSupreme Court of the United States · 1942
  2. Fleming v. Jacksonville Paper Co.Court of Appeals for the Fifth Circuit · 1942

3Cited by33 opinions

  1. Durkin v. Joyce Agency, Inc.District Court, N.D. Illinois · 1953
  2. Slover v. WathenCourt of Appeals for the Fourth Circuit · 1944
  3. Reynolds v. Salt River Valley Water Users Ass'nCourt of Appeals for the Ninth Circuit · 1944
  4. Mitchell v. Cowley & Bro.Court of Appeals for the Fifth Circuit · 1961
  5. James P. Mitchell, Secretary of Labor, United States Department of Labor v. Strickland Transportation Company, Inc.Court of Appeals for the Fifth Circuit · 1956

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