Legal Opinion
Fleming v. A. B. Kirschbaum Co.
District Court, E.D. Pennsylvania
Decided April 2, 1941No. 798PublishedCited by 15 opinions
1Opinion of the Court
KIRKPATRICK, District Judge.
This is an action under the Fair Labor Standards Act (Sec. 17) to enjoin certain violations of Secs. 6 and 7, 29 U.S.C.A. §§ 217, 206, 207. The defendant concedes that, as to certain of its employees, it has not complied with the requirements of these sections.
The constitutionality of the act having been established by the Supreme Court in United States v. Darby, February 3, 1941, 61 S.Ct. 451, 461, 85 L.Ed. -, the only question to be decided is whether it is applicable to this defendant.
The defendant is the owner of "a six-story loft building in Philadelphia,…
2Cases cited6 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- United States v. DarbySupreme Court of the United States · 1941
- Carter v. Carter Coal Co.Supreme Court of the United States · 1936
- Wood v. Central Sand & Gravel Co.District Court, W.D. Tennessee · 1940
- Sunshine Mining Co. v. CarverDistrict Court, D. Idaho · 1940
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- A. B. Kirschbaum Co. v. WallingSupreme Court of the United States · 1942
- Fleming v. A. B. Kirschbaum Co.Court of Appeals for the Third Circuit · 1942
- Missel v. Overnight Motor Transp. Co.Court of Appeals for the Fourth Circuit · 1942
- James P. Mitchell, Secretary of Labor, United States Department of Labor v. Dooley Bros., Inc., Herbert Kletjian, D/B/A University Cleaning Co. v. James P. Mitchell, Secretary of Labor, United States Department of LaborCourt of Appeals for the First Circuit · 1960
- Fleming v. Arsenal Bldg. CorporationDistrict Court, S.D. New York · 1941
10 more not listed; retrieve them via the Exa API.