Legal Opinion
James P. Mitchell, Secretary of Labor, United States Department of Labor v. T. F. Taylor Fertilizer Works, Inc.
Court of Appeals for the Fifth Circuit
Decided May 8, 1956No. 15802PublishedCited by 32 opinions
1Opinion of the Court
TUTTLE, Circuit Judge.
The sole issue on this appeal is whether the appellee’s fertilizer dry mixing plant and office are exempted from the Fair Labor Standards Act as a retail establishment by Section 13 of the Act, 29 U.S.C.A. § 213. At pre-trial conference, the company conceded that it had not complied with the overtime provisions of the statute, § 207, and that if it was not entitled to an exemption under § 213(a) (4), it would have no defense to the Secretary’s suit for injunctive relief; the Secretary conceded that all the percentage requirements for exemption under § 213(a) (4) were met…
2Cases cited4 opinions
- A. H. Phillips, Inc. v. WallingSupreme Court of the United States · 1945
- H. J. Boisseau v. James P. Mitchell, Secretary of Labor, United States Department of LaborCourt of Appeals for the Fifth Circuit · 1955
- Walling v. Goldblatt Bros.Court of Appeals for the Seventh Circuit · 1945
- Bogash v. Baltimore Cigarette Service, Inc.Court of Appeals for the Fourth Circuit · 1951
3Cited by32 opinions
- Raul C. Montalvo v. Tower Life Building and Tower Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1970
- Fazzio Real Estate Co., Inc. v. Samuel AdamsCourt of Appeals for the Fifth Circuit · 1968
- Acme Car & Truck Rentals, Inc. v. James HooperCourt of Appeals for the Fifth Circuit · 1964
- Arthur J. Goldberg, Secretary of Labor, United States Department of Labor v. Harry Sorvas, Individually and Doing Business as Merit Protective ServiceCourt of Appeals for the Third Circuit · 1961
- Morales v. 22nd District Agricultural Ass'nCalifornia Court of Appeal · 2016
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