Legal Opinion

Sunshine Mining Co. v. Carver

District Court, D. Idaho

Decided July 1, 1940No. 1444PublishedCited by 19 opinions

1Opinion of the Court

CAVANAH, District Judge.

The plaintiff is a mining company engaged in extracting ore from its mining property in Idaho.

The principal questions before the Court are presented on defendants’ motion to dismiss and appear to be:

1. Is the plaintiff engaged in commerce within the meaning of the Constitution of the United States and the Fair Labor Standards Act, 29 U.S.C.A., § 201 et seq.?

2. Does the complaint state facts sufficient to constitute an actual controversy within the provision of the Declaratory Judgment Act, Jud.Code, § 274d, 28 U.S.C. A. § 400?

3. Does the Fair Labor Standards Act…

2Cases cited16 opinions

  1. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  2. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  3. Massachusetts v. MellonSupreme Court of the United States · 1923
  4. Panama Refining Co. v. RyanSupreme Court of the United States · 1935
  5. National Labor Relations Board v. FainblattSupreme Court of the United States · 1939

11 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. National Automatic Laundry and Cleaning Council v. George P. Shultz, Secretary, U. S. Department of LaborCourt of Appeals for the D.C. Circuit · 1971
  2. Bracey v. LurayCourt of Appeals for the Fourth Circuit · 1943
  3. Planned Parenthood Center of Tucson, Inc. v. MarksCourt of Appeals of Arizona · 1972
  4. St. John v. BrownDistrict Court, N.D. Texas · 1941
  5. Sunshine Mining Co. v. CarverDistrict Court, D. Idaho · 1941

14 more not listed; retrieve them via the Exa API.

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