Legal Opinion
Bernhard v. Metcalfe Const. Co.
District Court, D. Nebraska
Decided January 28, 1946No. Civ. 536PublishedCited by 4 opinions
1Opinion of the Court
DONOHOE, District Judge.
Vernie L. Randall and another no longer concerned brought this action against the defendants seeking to recover a judgment for overtime compensation claimed to be due under the Fair Labor Standards Act of 1938, in connection with work performed by him in the Dominion of Canada.
The defendants have moved to dismiss on the ground that the petition fails to state a claim against any of the defendants upon which relief can be granted, in that the said petition fails to disclose that the plaintiff was at any time mentioned in the petition, engaged in commerce, as defined by…
2Cases cited10 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Overnight Motor Transportation Co. v. MisselSupreme Court of the United States · 1942
- American Banana Co. v. United Fruit Co.Supreme Court of the United States · 1909
- Noonan v. Fruco Const. Co.Court of Appeals for the Eighth Circuit · 1943
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3Cited by4 opinions
- United States v. St. Paul Mercury Indemnity CompanyDistrict Court, D. Nebraska · 1955
- Connell v. Vermilya-Brown Co.Court of Appeals for the Second Circuit · 1947
- Byrne v. Metcalfe Const. Co.District Court, D. Nebraska · 1951
- Walling v. McKayDistrict Court, D. Nebraska · 1946