Legal Opinion

Sheppard v. Cornelius

District Court, S.D. West Virginia

Decided June 21, 1961No. Nos. 604, 605PublishedCited by 3 opinions

1Opinion of the Court

FIELD, District Judge.

These two cases, similar in nature, have been consolidated for trial. The complaints allege that these actions arise under the provisions of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., all parties being citizens of West Virginia. The complaints charge that for some years prior to January 2, 1959, the corporate defendant, hereinafter referred to as “Leckie,” caused bituminous coal to be mined from its lands for shipment in interstate commerce through the-use of so-called independent contractors-such as the individual defendants; that the true relationship…

2Cases cited18 opinions

  1. United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
  2. Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
  3. J. I. Case Co. v. National Labor Relations BoardSupreme Court of the United States · 1944
  4. Association of Westinghouse Salaried Employees v. Westinghouse Electric Corp.Supreme Court of the United States · 1955
  5. Jewell Ridge Coal Corp. v. Local No. 6167, United Mine WorkersSupreme Court of the United States · 1945

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3Cited by3 opinions

  1. Miller v. LeeDistrict Court, W.D. South Carolina · 1965
  2. Sheppard v. CorneliusCourt of Appeals for the Fourth Circuit · 1962
  3. Russell Sheppard v. Barney Cornelius, Trading as Barney Coal Company, and Leckie Smokeless Coal Company, Ray E. Rhodes v. Joe Costa, Trading as Joe Costa Coal Company, and Leckie Smokeless Coal CompanyCourt of Appeals for the Fourth Circuit · 1962

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