Legal Opinion

Charles Franklin GARRETT, Appellant, v. PHILLIPS MILLS, INC., Appellee

Court of Appeals for the Fourth Circuit

Decided November 23, 1983No. 82-2037PublishedCited by 85 opinions

1Opinion of the Court

SPROUSE, Circuit Judge:

This is an age discrimination case 1 brought by Charles F. Garrett against Phillips Mills, Inc. (Phillips). 2 Garrett, a salesman with Phillips, was terminated at age fifty-seven in May 1979. Following Garrett’s testimony at trial, the district court found that Garrett, at the time of his termination, was not an employee, but provided his services to Phillips as an independent contractor. The court, for that reason, dismissed Garrett’s suit as falling outside the scope of the ADEA. We affirm.

Phillips is in the business of selling upholstery fabrics to manufacturers…

2Cases cited7 opinions

  1. United States v. SilkSupreme Court of the United States · 1947
  2. Bartels v. BirminghamSupreme Court of the United States · 1947
  3. Despina Spirides v. John E. Reinhardt, Director of United States International Communication AgencyCourt of Appeals for the D.C. Circuit · 1979
  4. Cobb v. Sun Papers, Inc.Court of Appeals for the Eleventh Circuit · 1982
  5. Lutcher v. Musicians Union Local 47Court of Appeals for the Ninth Circuit · 1980

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3Cited by85 opinions

  1. Marilyn Wheeler v. Main HurdmanCourt of Appeals for the Tenth Circuit · 1987
  2. Johnnie L. Evans v. McDonald Corporation, a Delaware Corporation McDonald of Claremore, a Defunct Oklahoma Corporation David McMahanCourt of Appeals for the Tenth Circuit · 1991
  3. Butler v. Drive Automotive Industries of America, Inc.Court of Appeals for the Fourth Circuit · 2015
  4. Tina Smith v. CSRACourt of Appeals for the Fourth Circuit · 2021
  5. Harold Frankel v. Bally, Inc.Court of Appeals for the Second Circuit · 1993

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