Legal Opinion
James P. Mitchell, Secretary of Labor, United States Department of Labor v. Strickland Transportation Company, Inc.
Court of Appeals for the Fifth Circuit
Decided January 11, 1956No. 19-20864PublishedCited by 20 opinions
1Opinion of the Court
BROWN, Circuit Judge.
These cases 1 present the common question: Under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., is a night watchman, who performs his duties under the circumstances here present, at an interstate motor truck terminal an employee rather than an independent contractor? 2
The district court after a full’ trial answered it in the negative, 3 denying relief in each.
We disagree. In so doing we do not put ourselves in the place of this distinguished, experienced trial judge in sifting, rejecting and weighing conflicting evidence. To the extent that this result is a…
2Cases cited33 opinions
- Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
- Rutherford Food Corp. v. McCombSupreme Court of the United States · 1947
- United States v. SilkSupreme Court of the United States · 1947
- Walling v. Jacksonville Paper Co.Supreme Court of the United States · 1943
- Aircraft & Diesel Equipment Corp. v. HirschSupreme Court of the United States · 1947
28 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- W. J. Usery, Secretary of Labor, United States Department of Labor, Plaintiff v. Pilgrim Equipment Company, Inc.Court of Appeals for the Fifth Circuit · 1976
- Paulina Castillo v. Ercell GivensCourt of Appeals for the Fifth Circuit · 1983
- James P. Mitchell, Secretary of Labor, United States Department of Labor v. Mitchell Truck Line, Inc.Court of Appeals for the Fifth Circuit · 1961
- Rural Fire Protection Company, a Corporation v. William E. HeppCourt of Appeals for the Ninth Circuit · 1966
- Charles R. Mednick v. Albert Enterprises, Inc., and Bal Harbour Towers, Inc.Court of Appeals for the Fifth Circuit · 1975
15 more not listed; retrieve them via the Exa API.