Legal Opinion

Fleming v. National Bank of Commerce

District Court, S.D. West Virginia

Decided November 17, 1941No. 128PublishedCited by 17 opinions

1Opinion of the Court

MOORE, District Judge.

This is an action brought by the plaintiff against the defendant for a preliminary and permanent injunction to restrain alleged violations of certain provisions of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq.

The particular sections of the Act which plaintiff asks the Court to enjoin the defendant from violating are § 15(a) (2) and § 15(a) (5), which correspond to Title 29 U.S.C.A. § 215(a) (2) and (a) (5). It is alleged that the defendant has continuously worked its employees overtime without payment of the statutory compensation for overtime work and…

2Cases cited5 opinions

  1. United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
  2. United States v. City & County of San FranciscoSupreme Court of the United States · 1940
  3. Fleming v. PhippsDistrict Court, D. Maryland · 1940
  4. Securities and Exchange Commission v. TorrDistrict Court, S.D. New York · 1938
  5. Fleming v. Tidewater Optical Co.District Court, E.D. Virginia · 1940

3Cited by17 opinions

  1. Walling v. Fairmont Creamery Co.Court of Appeals for the Eighth Circuit · 1943
  2. Walling v. Shenandoah-Dives Mining Co.Court of Appeals for the Tenth Circuit · 1943
  3. Mitchell v. HertzkeCourt of Appeals for the Tenth Circuit · 1956
  4. Walling v. T. Buettner & Co.Court of Appeals for the Seventh Circuit · 1943
  5. Brown v. Hecht Co.District Court, District of Columbia · 1943

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