Legal Opinion

Walling v. Benson

Court of Appeals for the Eighth Circuit

Decided August 13, 1943No. 12534PublishedCited by 16 opinions

1Opinion of the Court

JOHNSEN, Circuit Judge.

Does the Administrator of the Wage and Hour Division have an absolute right to a compliance order from the district court, for the enforcement of an investigatory subpoena duces tecum, under sections 9 and 11(a) of the Fair Labor Standards Act of 1938, 52 Stat. 1060, 29 U.S.C.A. § 201 et seq., without regard to whether the business involved actually is under the Act or whether reasonable ground exists for believing that it is subject to the Act?

The question arises in an appeal taken by the Administrator from an order of the district court denying his application for…

2Cases cited19 opinions

  1. Phelps Dodge Corp. v. National Labor Relations BoardSupreme Court of the United States · 1941
  2. Endicott Johnson Corp. v. PerkinsSupreme Court of the United States · 1943
  3. Federal Trade Commission v. American Tobacco Co.Supreme Court of the United States · 1924
  4. Sinclair Refining Co. v. Jenkins Petroleum Process Co.Supreme Court of the United States · 1933
  5. Cudahy Packing Co. v. HollandSupreme Court of the United States · 1942

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

3Cited by16 opinions

  1. Oklahoma Press Publishing Co. v. WallingSupreme Court of the United States · 1946
  2. Le Baron v. Los Angeles Building & Construction Trades CouncilDistrict Court, S.D. California · 1949
  3. Bowles v. InselCourt of Appeals for the Third Circuit · 1945
  4. United States v. WoerthDistrict Court, N.D. Iowa · 1955
  5. Bowles v. Curtiss Candy Co.District Court, W.D. Missouri · 1944

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

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