Legal Opinion
Fleming v. Arsenal Bldg. Corporation
District Court, S.D. New York
Decided April 11, 1941PublishedCited by 20 opinions
1Opinion of the Court
WOOLSEY, District Judge.
My decision in this cause is that the complaint should be dismissed, but, as the plaintiff is an agency of the United States, costs should not be allowed to the defendants.
I. My subject matter jurisdiction in this cause arises out of the fact that it is a suit in a civil nature brought by an officer of the United States authorized by law to sue, '28 U.S.C.A. § 41(1), and also because it is brought under the specific pi-ovisions of the Fair Labor Standards Act of 1938, Section 17, 29 U.S.C.A. § 217, by which I am given special jurisdiction to restrain violations of…
2Cases cited4 opinions
- National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
- United States v. DarbySupreme Court of the United States · 1941
- Opp Cotton Mills, Inc. v. Administrator of the Wage & Hour Division of the Department of LaborSupreme Court of the United States · 1941
- Fleming v. A. B. Kirschbaum Co.District Court, E.D. Pennsylvania · 1941
3Cited by20 opinions
- A. B. Kirschbaum Co. v. WallingSupreme Court of the United States · 1942
- Jax Beer Co. v. RedfernCourt of Appeals for the Fifth Circuit · 1941
- Super-Cold Southwest Co. v. McBrideCourt of Appeals for the Fifth Circuit · 1941
- Fleming v. A. B. Kirschbaum Co.Court of Appeals for the Third Circuit · 1942
- Walling v. Goldblatt Bros.Court of Appeals for the Seventh Circuit · 1942
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