Legal Opinion

Arthur J. Goldberg, Secretary of Labor, United States Department of Labor v. Bama Manufacturing Corpoation and Lowell D. Cotney

Court of Appeals for the Fifth Circuit

Decided April 27, 1962No. 19168PublishedCited by 40 opinions

1Opinion of the Court

WISDOM, Circuit Judge.

This appeal turns on the extent of the trial judge’s discretion, in the light of Mitchell v. Robert De Mario Jewelry, 1960, 361 U.S. 288, 80 S.Ct. 332, 4 L.Ed.2d 323, to order or to withhold reinstatement and reimbursement of an employee diseriminatorily discharged.

The Bama Manufacturing Corporation produces women’s blouses at Daviston, Alabama. It employs about ninety persons in its business. August 20, 1960, Mrs. Lessie May Powell, an employee, reported wage and hour violations to an official of the Alabama Department of Industrial Relations. Later, she filed a…

2Cases cited5 opinions

  1. Porter v. Warner Holding Co.Supreme Court of the United States · 1946
  2. Mitchell v. Robert DeMario Jewelry, Inc.Supreme Court of the United States · 1960
  3. Mitchell v. Stewart Brothers Construction CompanyDistrict Court, D. Nebraska · 1960
  4. James P. Mitchell, Secretary of Labor, United States Department of Labor v. Goodyear Tire and Rubber CompanyCourt of Appeals for the Eighth Circuit · 1960
  5. Mitchell v. DyessDistrict Court, S.D. Alabama · 1960

3Cited by40 opinions

  1. Frank L. LOEB, Plaintiff, v. TEXTRON, INC., Et Al., DefendantsCourt of Appeals for the First Circuit · 1979
  2. Rush Pettway and Peter J. Wrenn v. American Cast Iron Pipe CompanyCourt of Appeals for the Fifth Circuit · 1969
  3. Gibson v. Mohawk Rubber Co.Court of Appeals for the Eighth Circuit · 1982
  4. Peter J. Brennan, Secretary of Labor, United States Department of Labor, Appellant-Cross-Appellee v. Maxey's Yamaha, Inc., Appellee-Cross-AppellantCourt of Appeals for the Eighth Circuit · 1975
  5. Brock v. RichardsonCourt of Appeals for the Third Circuit · 1987

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