Legal Opinion

De Loach v. Crowley's, Inc.

Court of Appeals for the Fifth Circuit

Decided May 25, 1942No. 10210PublishedCited by 92 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

The plaintiffs-appellants sued their employer Crowley’s, Inc., under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., for wages and overtime accruing after Oct. 24, 1938. A motion to dismiss set up that the petition did not show that plaintiffs were employed in commerce or in the production of goods for commerce; and if that were shown, it appears that plaintiffs were excepted from the wage and overtime provisions by Section 13(b) of the Act. This motion was sustained, the petition dismissed, and appeal taken.

Summarized, the petition alleges that the defendant…

2Cases cited4 opinions

  1. Binderup v. Pathe Exchange, Inc.Supreme Court of the United States · 1923
  2. Federal Trade Commission v. Pacific States Paper Trade Ass'nSupreme Court of the United States · 1927
  3. Puget Sound Stevedoring Co. v. State Tax CommissionSupreme Court of the United States · 1937
  4. Baltimore & Ohio Southwestern Railroad v. BurtchSupreme Court of the United States · 1924

3Cited by92 opinions

  1. Sutton v. DukeSupreme Court of North Carolina · 1970
  2. Walling v. Jacksonville Paper Co.Supreme Court of the United States · 1943
  3. Fed. Sec. L. Rep. P 94,926 Associated Builders, Inc. v. Alabama Power CompantCourt of Appeals for the Fifth Circuit · 1974
  4. Continental Collieries, Inc. v. ShoberCourt of Appeals for the Third Circuit · 1942
  5. Raimonde v. Van VlerahOhio Supreme Court · 1975

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