Legal Opinion
W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Dr. Pepper Bottling Company of Atlanta
Court of Appeals for the Fifth Circuit
Decided March 8, 1967No. 23233PublishedCited by 7 opinions
1Opinion of the Court
COLEMAN, Circuit Judge.
Whether certain individuals were employees of the appellee within the meaning of the Fair Labor Standards Act 1 is the sole question presented by this appeal. The District Court held that they were not. We affirm.
The District Court made extensive findings of fact, and the Secretary of Labor concedes that “[T]he evidence is essentially undisputed”. The Secretary contends not that the evidentiary findings are clearly erroneous but rather that the Court erred in the legal conclusion that the individuals were not employees within the coverage and meaning of the Fair Labor…
2Cases cited4 opinions
- Rutherford Food Corp. v. McCombSupreme Court of the United States · 1947
- Stewart-Jordan Distributing Co., Inc. v. Tobin, Secretary of LaborCourt of Appeals for the Fifth Circuit · 1954
- Mitchell v. Jax Beer Distributors of Beaumont, Inc.Court of Appeals for the Fifth Circuit · 1961
- Goldberg v. WebbDistrict Court, N.D. Mississippi · 1961
3Cited by7 opinions
- Hodgson v. Royal Crown Bottling CompanyDistrict Court, N.D. Mississippi · 1970
- John T. Dunlop, Secretary of Labor, United States Department of Labor v. Dr. Pepper--Pepsi Cola Bottling Co. Of Dyersburg, Tennessee, Nic.Court of Appeals for the Sixth Circuit · 1976
- Hodgson v. Royal Crown Bottling Co.Court of Appeals for the Fifth Circuit · 1972
- Hodgson v. Royal Crown Bottling CompanyCourt of Appeals for the Fifth Circuit · 1972
- Shultz v. Isaac T. Cook Co.District Court, E.D. Missouri · 1970
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