Legal Opinion

Kimball v. Goodyear Tire & Rubber Co.

District Court, E.D. Texas

Decided December 23, 1980No. Civ. A. B-79-73-CAPublishedCited by 23 opinions

1Opinion of the Court

MEMORANDUM OPINION 1

JOE J. FISHER, District Judge.

The plaintiffs in this case are thirty-nine truck drivers employed by Goodyear Tire and Rubber Company (Goodyear), who haul various petroleum products to and from Goodyear’s Beaumont, Texas, plant. The plaintiff’s are suing Goodyear for overtime under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219.

This Court has jurisdiction by virtue of 29 U.S.C. § 216(b). Venue is proper in the Eastern District of Texas. See 28 U.S.C. § 1391(b) and (c).

Plaintiffs assert their right to overtime pay at time and one half regular pay for those hours…

2Cases cited17 opinions

  1. Idaho Sheet Metal Works, Inc. v. WirtzSupreme Court of the United States · 1966
  2. Arthur Coleman v. Jiffy June Farms, Inc., James D. Hodgson, Secretary of Labor, United States Department of Labor v. Jiffy June Farms, Inc.Court of Appeals for the Fifth Circuit · 1972
  3. Morris v. McCombSupreme Court of the United States · 1948
  4. Bruce Barcellona, Cross-Appellants v. Tiffany English Pub, Inc., D/B/A Tgi Friday's, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1979
  5. Brennan v. HeardCourt of Appeals for the Fifth Circuit · 1974

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3Cited by23 opinions

  1. Maria Vega, Eva Trevino, on Behalf of Herself and as Next Friend of Pedro Trevino v. John W. GasperCourt of Appeals for the Fifth Circuit · 1994
  2. Dole v. Solid Waste Services, Inc.District Court, E.D. Pennsylvania · 1989
  3. Equal Employment Opportunity Commission v. Home InsuranceDistrict Court, S.D. New York · 1982
  4. Amos v. United StatesUnited States Court of Claims · 1987
  5. Herman v. Héctor I. Nieves Transport, Inc.Court of Appeals for the First Circuit · 2001

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