Legal Opinion
R. A. Peacock, M. L. Coffer, and H. J. Wilson v. Lubbock Compress Company
Court of Appeals for the Fifth Circuit
Decided March 4, 1958No. 16922_1PublishedCited by 55 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
This whole case turns on one word. Does the word “and” mean andl Does it mean or? May it have been primarily used as a comma?
The question arises in connection with an FLSA suit for overtime wages brought by three night watchmen against the Compress Company who, admittedly, was subject to the Act, and had employed them for eighty-four hours each week at a wage in excess of the minimum hourly rate (75(0 but without payment of overtime. The dispute narrows down to Section 207(c) with emphasis on the few words italicized:
“In the case of an employer engaged in the…
2Cases cited7 opinions
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Maneja v. Waialua Agricultural Co.Supreme Court of the United States · 1955
- United States v. FiskSupreme Court of the United States · 1866
- Mitchell v. BuddSupreme Court of the United States · 1956
- J. T. Fulford v. Jesse v. B. Forman, Elmer G. Gardner and Murphey W. LunaCourt of Appeals for the Fifth Circuit · 1957
2 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- American Bankers Insurance Group v. United StatesCourt of Appeals for the Eleventh Circuit · 2005
- Officemax, Inc. v. United StatesCourt of Appeals for the Sixth Circuit · 2005
- United States v. David H. MooreCourt of Appeals for the D.C. Circuit · 1980
- Navy Federal Credit Union v. LTD Financial Services, LPCourt of Appeals for the Fourth Circuit · 2020
- Reese Brothers, Inc. v. United StatesCourt of Appeals for the Third Circuit · 2006
50 more not listed; retrieve them via the Exa API.