Legal Opinion

Mitchell v. Emulsified Asphalt Products Co.

District Court, E.D. Tennessee

Decided April 29, 1954No. Civ. A. No. 2179PublishedCited by 1 opinion

1Opinion of the Court

ROBERT L. TAYLOR, District Judge.

This is an action for injunction restraining defendant from violating 29 U.S.C.A. §§ 215(a)(2) and 215(a) (5), the violations alleged being failure to pay the minimum wage for a 40 hour week and time and one-half the regular wage for hours in excess of 40 per week and failure to keep records, as required by the Fair Labor Standards Act.

Plaintiff alleges that defendant is engaged in the use of material shipped to its place of business in Knoxville, Ten-' nessee, from outside the State for the manufacture of asphalt products which are sold to the State of…

2Cases cited4 opinions

  1. Overstreet v. North Shore Corp.Supreme Court of the United States · 1943
  2. Mabee v. White Plains Publishing Co.Supreme Court of the United States · 1946
  3. Alstate Construction Co. v. DurkinSupreme Court of the United States · 1953
  4. Thomas v. Hempt BrothersSupreme Court of the United States · 1953

3Cited by1 opinion

  1. Emulsified Asphalt Products Company v. James P. Mitchell, Secretary of Labor, U.S. Department of LaborCourt of Appeals for the Sixth Circuit · 1955

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