Legal Opinion
Margaret Louise Breitwieser and James J. Breitwieser v. Kms Industries, Inc., D/B/A Advo Systems
Court of Appeals for the Fifth Circuit
Decided November 2, 1972No. 71-3422PublishedCited by 38 opinions
1Opinion of the Court
THORNBERRY, Circuit Judge:
The issue in this case is whether the child labor provisions of the Fair Labor Standards Act, 29 U.S.C.A. § 212, and the regulations promulgated pursuant thereto, create a private cause of action for damages for wrongful death. This is apparently a question of first impression.
*1392Appellants are the parents of a sixteen-year-old boy who died when the forklift truck he was driving, while allegedly in the scope of his employment with appellee, turned over. In Order No. 7, 29 C.F.R. § 422.7, issued on the authority of 29 U.S.C.A. § 203 (Í), the Secretary of Labor declared…
2Cases cited5 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Bell v. HoodSupreme Court of the United States · 1946
- J. I. Case Co. v. BorakSupreme Court of the United States · 1964
- 2 Fair empl.prac.cas. 356, 2 Empl. Prac. Dec. P 10,166 Pete Gomez v. Florida State Employment ServiceCourt of Appeals for the Fifth Circuit · 1969
- Viola Rogers, Guardian v. Ray Gardner Flying Service, Inc.Court of Appeals for the Fifth Circuit · 1970
3Cited by38 opinions
- Mildred Lee Rogers v. Frito-Lay, Incorporated, Howard L. Moon v. Roadway Express, Inc.Court of Appeals for the Fifth Circuit · 1980
- Jeter v. St. Regis Paper Co.Court of Appeals for the Fifth Circuit · 1975
- Holmes Ex Rel. Holmes v. CircoNebraska Supreme Court · 1976
- Harrison v. McDonald's Corp.District Court, S.D. Ohio · 2005
- Jensen v. Sport Bowl, Inc.South Dakota Supreme Court · 1991
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