Legal Opinion

McComb v. Johnson

Court of Appeals for the Eighth Circuit

Decided June 15, 1949No. 13905PublishedCited by 7 opinions

1Opinion of the Court

SANBORN, Circuit Judge.

This action was brought by the plaintiff (appellant) under § 17 of the Fair Labor Standards Act of 1938, c. 676, 52 Stat. 1060, 29 U.S.C.A. § 201 et seq., to enjoin the defendants (appellees) from violating the overtime and record-keeping requirements of the Act. On a motion of the defendants, the court dismissed the complaint for failure to state a claim upon which relief could be granted. This was done upon the theory that, under the allegations of the complaint, the defendants and their employees were not within the coverage of the Act. The plaintiff has appealed.

The…

2Cases cited4 opinions

  1. Kennedy v. Silas Mason Co.Supreme Court of the United States · 1948
  2. Musteen v. JohnsonCourt of Appeals for the Eighth Circuit · 1943
  3. Stratton v. Farmers Produce Co.Court of Appeals for the Eighth Circuit · 1943
  4. Woods v. Hillcrest Terrace Corp.Court of Appeals for the Eighth Circuit · 1948

3Cited by7 opinions

  1. Dutton v. Cities Service Defense Corp.Court of Appeals for the Eighth Circuit · 1952
  2. Mitchell v. Lancaster Milk CompanyDistrict Court, M.D. Pennsylvania · 1960
  3. Ragsdale v. WatsonDistrict Court, W.D. Arkansas · 1962
  4. Tobin, Secretary of Labor v. JohnsonCourt of Appeals for the Eighth Circuit · 1952
  5. Buttrell v. McBride Land & LivestockMontana Supreme Court · 1976

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