Legal Opinion

Drake v. Hercules Powder Co.

Superior Court of Delaware

Decided January 8, 1946No. 115PublishedCited by 8 opinions

1Opinion of the Court

Speakman, J.,

delivering the opinion of the Court:

The principal question for determination by the Court *73is whether the plaintiff’s contract of employment on and after May 1, 1942, provided for a workweek of forty hours, and if so, his base pay during such period, or whether it provided for a workweek of indefinite or fluctuating hours.

After a careful consideration of the law and the facts, I advised counsel for the parties that I had arrived at a conclusion that was not in accord with the theories advanced by either of them in their respective briefs. I furnished to counsel for each of the…

2Cases cited5 opinions

  1. Utley v. DonaldsonSupreme Court of the United States · 1877
  2. Anderson v. Federal Cartridge CorporationDistrict Court, D. Minnesota · 1945
  3. Greer v. Arlington Mills Manufacturing Co.Superior Court of Delaware · 1899
  4. Landreth v. Ford, Bacon & Davis, Inc.Court of Appeals for the Eighth Circuit · 1945
  5. Peffer v. Federal Cartridge Corp.District Court, D. Minnesota · 1945

3Cited by8 opinions

  1. Haft v. Dart Group Corp.District Court, D. Delaware · 1993
  2. Connell v. Delaware Aircraft Industries, Inc.Superior Court of Delaware · 1947
  3. Kemp v. Day & Zimmerman, Inc.Supreme Court of Iowa · 1948
  4. Haney v. LaubSuperior Court of Delaware · 1973
  5. Avallone v. Wilmington Medical Center, Inc.District Court, D. Delaware · 1982

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