Legal Opinion

Durkin v. Mercer Water Co.

District Court, W.D. Pennsylvania

Decided June 2, 1953No. Civ. A. No. 257PublishedCited by 6 opinions

1Opinion of the Court

GOURLEY, Chief Judge.

This matter comes before the court on petition of the Secretary of Labor to enjoin defendants from violating Sections 15 (a) (2) and 15(a) (5) of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. § 201 et seq.

The issues posed are:

1. Whether salaried employees of the Mercer Water Company and the Mercer Gas, Light & Fuel Company, at their joint place of business within the City of Mercer, whose work involves clerical duties for both concerns, the filtration, sterilization and purification of water, including the installation and repair of meters and meter…

2Cases cited5 opinions

  1. Roland Electrical Co. v. WallingSupreme Court of the United States · 1946
  2. Alstate Construction Co. v. DurkinSupreme Court of the United States · 1953
  3. Fleming v. A. B. Kirschbaum Co.Court of Appeals for the Third Circuit · 1942
  4. Thomas v. Hempt BrothersSupreme Court of the United States · 1953
  5. Tobin v. Alstate Const. Co.Court of Appeals for the Third Circuit · 1952

3Cited by6 opinions

  1. Chambers Construction Company, a Corporation, and L. H. Chambers v. James P. Mitchell, Secretary of Labor, United States Department of LaborCourt of Appeals for the Eighth Circuit · 1956
  2. Mitchell, Secretary of Labor, United States Department of Labor v. Chambers Const. CoCourt of Appeals for the Tenth Circuit · 1954
  3. Mitchell v. Mercer Water Co.Court of Appeals for the Third Circuit · 1953
  4. W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. F. M. Sloan, Inc., a CorporationCourt of Appeals for the Third Circuit · 1969
  5. Mitchell v. Mormando Bros.District Court, S.D. New York · 1955

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