Legal Opinion

Walling v. American Stores Co.

Court of Appeals for the Third Circuit

Decided February 11, 1943No. 8048, 8049PublishedCited by 50 opinions

1Opinion of the Court

GOODRICH, Circuit Judge.

The Administrator of the Wage and Hour Division, United States Department of Labor, brought this action in the District Court to restrain the defendant, American Stores Company, from violating §§ 15(a) (1), 15(a) (2) and 15(a) (5) 1 of the Fair Labor Standards Act of 1938. 52 Stat. 1060 (1938), 29 U.S.C.A. § 201 et seq. There was little or no dispute concerning the facts. Nor was there any doubt about the defendant’s violation of the Act if, as a matter of law, it is subject to it. The court below after making extensive findings of fact, concluded that the company w.as…

2Cases cited5 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. A. B. Kirschbaum Co. v. WallingSupreme Court of the United States · 1942
  3. Walling v. Jacksonville Paper Co.Supreme Court of the United States · 1943
  4. Higgins v. Carr Brothers Co.Supreme Court of the United States · 1943
  5. Walling v. Goldblatt Bros.Court of Appeals for the Seventh Circuit · 1942

3Cited by50 opinions

  1. Arnold v. Ben Kanowsky, Inc.Supreme Court of the United States · 1960
  2. A. H. Phillips, Inc. v. WallingSupreme Court of the United States · 1945
  3. Guess v. MontagueCourt of Appeals for the Fourth Circuit · 1943
  4. Mid-Continent Petroleum Corporation v. KeenCourt of Appeals for the Eighth Circuit · 1946
  5. Walling v. Mutual Wholesale Food & Supply Co.Court of Appeals for the Eighth Circuit · 1944

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