Legal Opinion
Sumrall v. T. E. Mercer Trucking Co.
District Court, S.D. Texas
Decided August 11, 1958No. Civ. A. No. 10751PublishedCited by 2 opinions
1Opinion of the Court
CONNALLY, District Judge.
The several plaintiffs here are former employees of the defendant, who seek to recover compensation allegedly due them for unpaid overtime worked during the term of their employment, as provided by the Fair Labor Standards Act.1
The defense is that the plaintiffs are employees concerning whom the Interstate Commerce Commission has power to establish qualifications and maximum hours of service, as provided by § 204 of the Motor Carrier Act,2 in which event such employees are exempt from the provisions of the Fair Labor Standards Act as to overtime compensation by terms…
2Cases cited9 opinions
- Levinson v. Spector Motor ServiceSupreme Court of the United States · 1947
- Pyramid Motor Freight Corp. v. IspassSupreme Court of the United States · 1947
- Foremost Dairies, Inc. v. Ivey Ivey v. Foremost Dairies, IncCourt of Appeals for the Fifth Circuit · 1953
- McKeown v. Southern California Freight ForwardersDistrict Court, S.D. California · 1943
- Crean v. M. Moran Transp. Lines, Inc.District Court, W.D. New York · 1944
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- John T. Blankenship, Gerald Wayne Hodges and Virgil Olen McDonald v. Thurston Motor Lines, Inc.Court of Appeals for the Fourth Circuit · 1969
- Mitchell v. Hill & Hill Truck Line, Inc.District Court, S.D. Texas · 1960