Legal Opinion

United States v. Unexcelled Chemical Corp.

Court of Appeals for the Third Circuit

Decided April 29, 1952No. 10612_1PublishedCited by 4 opinions

1Opinion of the Court

STALEY, Circuit Judge.

We are asked to decide whether the two year statute of limitations provided in Section 6 of the Portal-to-Portal Act of 1947, 61 Stat. 87, 29 U.S.C.A. § 255, is applicable to actions by the United States to enforce the child labor provisions of the WalshHealey Act. We hold that the limitation period is not applicable.

The basis of this action is the knowing employment by defendant of minors in the performance of government contracts in violation of the Walsh-Healey Act, 49 Stat. 2036-2039, 41 U.S.C.A. §§ 35-45. Pursuant to Section 5 of that Act, the Secretary of Labor…

2Cases cited5 opinions

  1. Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
  2. Endicott Johnson Corp. v. PerkinsSupreme Court of the United States · 1943
  3. United States v. Lovknit Mfg. Co., Inc.Court of Appeals for the Fifth Circuit · 1951
  4. Lance, Inc. v. United StatesCourt of Appeals for the Fourth Circuit · 1951
  5. United States v. Unexcelled Chemical Corp.District Court, D. New Jersey · 1951

3Cited by4 opinions

  1. Unexcelled Chemical Corp. v. United StatesSupreme Court of the United States · 1953
  2. United States v. W. H. Kistler Stationery Co.Court of Appeals for the Tenth Circuit · 1952
  3. United States v. Benjamin J. Garfunkel, Esther Sloe and Jennie Garfunkel, Copartner Doing Business as Garfunkel MakersCourt of Appeals for the Second Circuit · 1952
  4. United States v. GarfunkelCourt of Appeals for the Second Circuit · 1952

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