Legal Opinion

W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Home News Publishing Company, Inc., and Jay Morton

Court of Appeals for the Fifth Circuit

Decided March 5, 1965No. 21358PublishedCited by 2 opinions

1Opinion of the Court

GRIFFIN B. BELL, Circuit Judge:

Appellant, the Secretary of Labor, sued to enjoin the appellees under § 17 of the Fair Labor Standards Act from violating § 15(a) (3) of the Act. 29 U.S.C.A. §§ 217, 215(a) (3). This latter section, in pertinent part, makes it unlawful for any person:

“ * * * to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to [this Act], or has testified or is about to testify in any such proceeding, * -» «-»

The complaint alleged that an…

2Cases cited5 opinions

  1. Shapiro v. United StatesSupreme Court of the United States · 1948
  2. Holden v. HardySupreme Court of the United States · 1898
  3. Mitchell v. Robert DeMario Jewelry, Inc.Supreme Court of the United States · 1960
  4. Arthur J. Goldberg, Secretary of Labor, United States Department of Labor v. Bama Manufacturing Corpoation and Lowell D. CotneyCourt of Appeals for the Fifth Circuit · 1962
  5. Mitchell v. DyessDistrict Court, S.D. Alabama · 1960

3Cited by2 opinions

  1. Daniel v. Winn-Dixie Atlanta, Inc.District Court, N.D. Georgia · 1985
  2. W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Home News Publishing Company, Inc., and Jay MortonCourt of Appeals for the Fifth Circuit · 1965

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