Legal Opinion

James P. Mitchell, Secretary of Labor, United States Department of Labor v. Ralph Adams, D/B/A MacOn Shirt Company

Court of Appeals for the Fifth Circuit

Decided March 7, 1956No. 15659_1PublishedCited by 5 opinions

1Opinion of the Court

BROWN, Circuit Judge.

The District Court denied an injunction sought by the Secretary of Labor, 29 U.S.C.A. § 201 et seq., Section 217, against the use by the employer of a “Belo” contract 1 holding that it was valid under the Belo decision and the Amendment to the Fair Labor Standards Act. 2

No question is raised that the affected employees qualified as workers whose duties necessitated irregular hours, or that the individual contracts, as such, were not actually executed in good faith. The sole attack made on the contracts, and the decision of the District Judge sustaining them, is that the…

2Cases cited22 opinions

  1. Overnight Motor Transportation Co. v. MisselSupreme Court of the United States · 1942
  2. Walling v. Helmerich & Payne, Inc.Supreme Court of the United States · 1944
  3. Walling v. Youngerman-Reynolds Hardwood Co.Supreme Court of the United States · 1945
  4. Walling v. A. H. Belo Corp.Supreme Court of the United States · 1942
  5. Bay Ridge Operating Co. v. AaronSupreme Court of the United States · 1948

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3Cited by5 opinions

  1. Foremost Dairies, Inc., and Home Town Foods, Inc. v. W. Willard Wirtz, Secretary of Labor, United States Department of LaborCourt of Appeals for the Fifth Circuit · 1967
  2. Gatlin v. MitchellCourt of Appeals for the Fifth Circuit · 1961
  3. Gatlin v. MitchellCourt of Appeals for the Fifth Circuit · 1961
  4. Ferra v. Loews Hollywood HotelCalifornia Court of Appeal · 2019
  5. Goldberg v. SullivanDistrict Court, M.D. Georgia · 1962

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