Legal Opinion
Battery Workers' Union Local 113 v. Electric Storage Battery Co.
District Court, E.D. Pennsylvania
Decided January 30, 1948No. Civ. A. 6162PublishedCited by 6 opinions
1Opinion of the Court
KIRKPATRICK, District Judge.
This suit is brought by the plaintiff Union in behalf of 96 employees, guards at the defendant’s plant, to recover overtime pay alleged to be due under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The case was tried to the court and a jury, and a special verdict consisting of answers to nine specific questions, was returned. Both the plaintiff and the defendant have moved for judgment.
Certain facts are either uncontroverted or established by credible and uncontradicted testimony and are as follows:
The guards fall into two main categories, (a)…
2Cases cited5 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
- Tennessee Coal, Iron & Railroad v. Muscoda Local No. 123Supreme Court of the United States · 1944
- Jewell Ridge Coal Corp. v. Local No. 6167, United Mine WorkersSupreme Court of the United States · 1945
- Tennessee Coal, Iron & R. Co. v. Muscoda Local No. 123, Etc.Court of Appeals for the Fifth Circuit · 1943
3Cited by6 opinions
- Carl Blum v. Great Lakes Carbon Corp.Court of Appeals for the Fifth Circuit · 1969
- Kemp v. Day & Zimmerman, Inc.Supreme Court of Iowa · 1948
- Cherup v. Pittsburgh Plate Glass CompanyDistrict Court, N.D. West Virginia · 1972
- Amelbo v. Pennsylvania Salt Mfg. Co.District Court, E.D. Pennsylvania · 1949
- Mitchell v. Southeastern Carbon Paper Co.District Court, N.D. Georgia · 1954
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