Legal Opinion

James P. Mitchell, Secretary of Labor, United States Department of Labor v. Southeastern Carbon Paper Company, Incorporated

Court of Appeals for the Fifth Circuit

Decided June 28, 1955No. 15411_1PublishedCited by 18 opinions

1Opinion of the Court

'TUTTLE, Circuit Judge.

This is an appeal from a judgment of the District Court denying an injunction and dismissing an action brought by the Secretary of Labor under § 17 of the Fair Labor Standards Act of 1938, as amended by the Fair Labor Standards Amendments of 1949 1 to enjoin appellee from violating the overtime and record-keeping requirements of § 15(a) (2) and § 15(a) (5) of the Act in the employment of certain production workers, and from violating § 15(a) (1) by making interstate shipment of the goods produced by such workers. 2 The alleged violations were appellee’s failure to pay…

2Cases cited8 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. McComb v. C. A. Swanson & SonsDistrict Court, D. Nebraska · 1948
  4. Steiner v. Mitchell, Secretary of LaborCourt of Appeals for the Sixth Circuit · 1954
  5. The United States of America v. Virgil FloydCourt of Appeals for the Seventh Circuit · 1956

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3Cited by18 opinions

  1. Lessie Anderson v. Cagle's, Inc.Court of Appeals for the Eleventh Circuit · 2007
  2. John T. Dunlop, Secretary of Labor, United States Department of Labor v. City Electric, Inc., and Paul R. RolandCourt of Appeals for the Fifth Circuit · 1976
  3. Truslow v. Spotsylvania County SheriffDistrict Court, E.D. Virginia · 1992
  4. Schimerowski v. Iowa Beef Packers, Inc.Supreme Court of Iowa · 1972
  5. Carl Blum v. Great Lakes Carbon Corp.Court of Appeals for the Fifth Circuit · 1969

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