Legal Opinion
Tobin v. Abelson
District Court, E.D. Tennessee
Decided November 28, 1951No. Civ. A. No. 1803PublishedCited by 1 opinion
1Opinion of the Court
DARR, Chief Judge.
The plaintiff has moved to strike the defendants’ demand for a jury to try the issues.
This suit is brought by the Secretary of. Labor of the United States to enjoin the defendants from violating the provisions of the Fair Labor Standards Act of 1938. Act of June 25, 1938, c. 676, 52 Stat. 1060; Act of October 26, 1949, c. 736, 63 Stat. 910; U.S.C.A. Title 29, § 201, et seq.
The defendants have answered denying the applicability of the Act, and have demanded a jury to try the issues.
The relief sought is an injunction and is therefore equitable in nature. In such cases trial by…
2Cases cited6 opinions
- National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
- Barton v. BarbourSupreme Court of the United States · 1881
- Bellavance v. Plastic-Craft Novelty Co.District Court, D. Massachusetts · 1939
- Ryan Distributing Corporation v. CaleyDistrict Court, E.D. Pennsylvania · 1943
- Fleming v. Peavy-Wilson Lumber Co., Inc.District Court, W.D. Louisiana · 1941
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Mitchell v. Independent Stave Co.District Court, W.D. Missouri · 1957