Legal Opinion

Miller Hatcheries, Inc. v. Boyer

Court of Appeals for the Eighth Circuit

Decided November 3, 1942No. 12263PublishedCited by 28 opinions

1Opinion of the Court

JOHNSEN, Circuit Judge.

The crucial question is whether a commercial chicken hatchery, located in a city and selling its baby chicks to farmers and poultry-raisers, is exempt from the wage and hour provisions of the Fair Labor Standards Act of 1938, 1 *on the ground that its employees are “employed in agriculture”, within the meaning of section 13(a) of the Act. 2

The Administrator of the Wage and Hour Division, during the four years that the Act has been in effect, has consistently made the interpretation that the operations of such a hatchery constitute “the raising of * * * poultry” within…

2Cases cited6 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Overnight Motor Transportation Co. v. MisselSupreme Court of the United States · 1942
  3. Norwegian Nitrogen Products Co. v. United StatesSupreme Court of the United States · 1933
  4. Bowie v. GonzalezCourt of Appeals for the First Circuit · 1941
  5. Gregg Cartage & Storage Co. v. United StatesSupreme Court of the United States · 1942

1 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Stratton v. Farmers Produce Co.Court of Appeals for the Eighth Circuit · 1943
  2. Walling v. FriendCourt of Appeals for the Eighth Circuit · 1946
  3. St. Marys Sewer Pipe Company (North Point Mine) v. Director of the United States Bureau of MinesCourt of Appeals for the Third Circuit · 1959
  4. T. F. Korherr v. A. J. Bumb, Trustee in Bankruptcy of Mallard Pond Builders, Inc., BankruptCourt of Appeals for the Ninth Circuit · 1958
  5. McComb v. Farmers Reservoir & Irrigation Co.Court of Appeals for the Tenth Circuit · 1948

23 more not listed; retrieve them via the Exa API.

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