Legal Opinion

Richard D. Skipper v. Superior Dairies, Inc., a Corporation

Court of Appeals for the Fifth Circuit

Decided May 5, 1975No. 74-1729PublishedCited by 46 opinions

1Opinion of the Court

TUTTLE, Circuit Judge:

This is an appeal from the judgment of the district court in favor of the corporate and individual defendants after a bench trial following a complaint by Skipper to recover back overtime wages during the entire period of his employment as a route man from December, 1969 to February, 1973. The complaint was filed pursuant to § 16(b) of the Fair Labor Standards Act of 1938 as amended 29 U.S.C. § 201 et seq. The trial court ruled that his employment was such as to exempt him from the protection of the Act under §§ 13(b)(12) (the agricultural exemption) and 13(a)(1) (the…

2Cases cited11 opinions

  1. Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
  2. A. H. Phillips, Inc. v. WallingSupreme Court of the United States · 1945
  3. Farmers Reservoir & Irrigation Co. v. McCombSupreme Court of the United States · 1949
  4. James P. Mitchell, Secretary of Labor, United States Department of Labor v. Mitchell Truck Line, Inc.Court of Appeals for the Fifth Circuit · 1961
  5. George P. Shultz, Secretary of Labor, United States Department of Labor v. Salvador M. Hinojosa, Individually and D/B/A H & H Meat Products CompanyCourt of Appeals for the Fifth Circuit · 1970

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3Cited by46 opinions

  1. Alvarez v. IBP, Inc.Court of Appeals for the Ninth Circuit · 2003
  2. Doris L. Gossett v. Du-Ra-Kel Corporation, D/B/A Swanee's Motel, and Duane v. Swanson, IndividuallyCourt of Appeals for the Fifth Circuit · 1978
  3. Paulina Castillo v. Ercell GivensCourt of Appeals for the Fifth Circuit · 1983
  4. Joseph H. Holzapfel, and Others Similarly Situated v. Town of Newburgh, Ny Charles M. Kehoe, Chief of Police, Town of Newburgh Police DepartmentCourt of Appeals for the Second Circuit · 1998
  5. Jose L. Beliz, Cross-Appellees v. W.H. McLeod & Sons Packing Company, Cross-Appellant, Waldo GalanCourt of Appeals for the Fifth Circuit · 1985

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