Legal Opinion
James P. Mitchell, Secretary of Labor, United States Department of Labor v. City Ice Company, Inc.
Court of Appeals for the Fifth Circuit
Decided February 11, 1960No. 17743PublishedCited by 15 opinions
1Opinion of the Court
TUTTLE, Circuit Judge.
The Secretary of Labor appeals from a directed verdict in favor of appellee in this action brought on behalf of two employees for additional compensation provided under the Wage and Hour Law.
The only question is whether on the record made the trial court erred in directing a verdict against the Secretary on the ground that the undisputed evidence was to the effect that the sales of the ice company in question were “recognized as retail sales * * * in the particular industry.”
The critical sales were sales of 25 to 40 tons of ice per delivery to shrimp boats at $4.50 net…
2Cases cited2 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- H. J. Boisseau v. James P. Mitchell, Secretary of Labor, United States Department of LaborCourt of Appeals for the Fifth Circuit · 1955
3Cited by15 opinions
- James P. Mitchell, Secretary of Labor, United States Department of Labor v. Mitchell Truck Line, Inc.Court of Appeals for the Fifth Circuit · 1961
- EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellant, v. CORRY JAMESTOWN CORP.Court of Appeals for the Third Circuit · 1983
- Rachal v. AllenCourt of Appeals for the Fifth Circuit · 1967
- Brennan v. KeyserCourt of Appeals for the Ninth Circuit · 1974
- W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. International Harvester CompanyCourt of Appeals for the Fifth Circuit · 1964
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