Legal Opinion
Mitchell v. John R. Cowley & Bro.
Court of Appeals for the Fifth Circuit
Decided June 23, 1961No. 18440PublishedCited by 1 opinion
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
This appeal by the Secretary from an adverse judgment in favor of the Employers in a § 16(c), 29 U.S.C.A. § 216(c), suit on behalf of a worker concerns two issues: was the worker an employee rather than an independent contractor? If an employee, was his work as a watchman in a “ * * * closely related process or occupation directly essential to the production * * * ” of goods for commerce? The Secretary by motions for directed verdict and peremptory instructions challenges the sufficiency of the evidence to sustain the adverse answers to these questions implied by…
2Cases cited26 opinions
- Rutherford Food Corp. v. McCombSupreme Court of the United States · 1947
- A. B. Kirschbaum Co. v. WallingSupreme Court of the United States · 1942
- United States v. SilkSupreme Court of the United States · 1947
- Goldberg v. Whitaker House Cooperative, Inc.Supreme Court of the United States · 1961
- Mitchell v. H. B. Zachry Co.Supreme Court of the United States · 1960
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3Cited by1 opinion
- Mitchell v. Cowley & Bro.Court of Appeals for the Fifth Circuit · 1961