Legal Opinion

Mitchell v. Robert De Mario Jewelry, Inc.

Court of Appeals for the Fifth Circuit

Decided November 7, 1958No. 17068PublishedCited by 4 opinions

1Opinion of the Court

JONES, Circuit Judge.

The Secretary of Labor brought suit in the United States District Court for the Middle District of Georgia, invoking the jurisdiction conferred by Section 17 of the Fair Labor Standards Act,1 against Robert DeMario Jewelry, Inc., a corporation, and Robert DeMario who controlled the corporation and owned most of its stock. It was charged by the Secretary that three employees of the jewelry company had been wrongfully discharged in violation .of Section 15 of the Act2 for having complained to the Secretary that they were not receiving minimum wages. In addition to seeking…

2Cases cited15 opinions

  1. Phelps Dodge Corp. v. National Labor Relations BoardSupreme Court of the United States · 1941
  2. McComb v. Jacksonville Paper Co.Supreme Court of the United States · 1949
  3. Porter v. Warner Holding Co.Supreme Court of the United States · 1946
  4. Texas & NOR Co. v. Brotherhood of Ry. & Steamship ClerksSupreme Court of the United States · 1930
  5. Walling v. MillerCourt of Appeals for the Eighth Circuit · 1943

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3Cited by4 opinions

  1. Marshall v. A & M Consolidated Independent School DistrictCourt of Appeals for the Fifth Circuit · 1979
  2. Wirtz v. Alapaha Yellow Pine Products, Inc.District Court, M.D. Georgia · 1963
  3. James P. Mitchell, Secretary of Labor, United States Department of Labor v. Robert De Mario Jewelry, Inc. And Robert Demario, an Individual, Robert De Mario Jewelry, Inc. And Robert Demario, an Individual, Cross-Appellant v. James P. Mitchell, Secretary of Labor, United States Department of Labor, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1958
  4. Marshall v. A & M Consolidated Independent School DistrictCourt of Appeals for the Fifth Circuit · 1979

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