Legal Opinion
Ray Marshall, Secretary of Labor, U. S. Department of Labor v. Emersons Ltd.
Court of Appeals for the Fourth Circuit
Decided May 31, 1979No. 77-1744PublishedCited by 2 opinions
1Opinion of the Court
ORDER
WIDENER, Circuit Judge.
I
No request for a poll of the court having been made, it is ADJUDGED and ORDERED that rehearing en banc shall be, and the same hereby is, denied.
II
We have considered the petition for rehearing and are of opinion it is without merit for the reasons assigned just below.
The Secretary of Labor has petitioned the court for rehearing solely with respect to that portion of the panel’s opinion that remands the case to the district court for a determination of whether Emersons Ltd. is entitled to the complete defense to liability provided by § 10 of the Portal-to-Portal Act…
2Cases cited3 opinions
- Richard v. Marriott Corp.Court of Appeals for the Fourth Circuit · 1977
- Clifton D. Mayhew, Inc. v. WirtzCourt of Appeals for the Fourth Circuit · 1969
- Marriott Corp. v. RichardSupreme Court of the United States · 1977
3Cited by2 opinions
- Transportation Enterprises, Inc. v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1980
- Dymond v. United States Postal ServiceDistrict Court, E.D. Missouri · 1981