Legal Opinion
Tobin v. Cherry River Boom & Lumber Co.
District Court, S.D. West Virginia
Decided January 8, 1952No. Civ. A. No. 1170PublishedCited by 4 opinions
1Opinion of the Court
MOORE, Chief Judge.
Plaintiff has brought this action praying for an injunction against defendant because of alleged violations of certain provisions of the Fair Labor Standards Act. 29 U.S.C.A. § 201 et seq.
Defendant, as its name implies, is in the lumber and timber business, and carries on extensive operations in southern West Virginia near the town of Richwood. There are approximately 450 persons on its payroll, besides several so-called “contractors” (who plaintiff contends are really employees and not independent contractors within the meaning of the Act), and fifty-odd men employed by…
2Cases cited7 opinions
- National Labor Relations Board v. Hearst Publications, Inc.Supreme Court of the United States · 1944
- Rutherford Food Corp. v. McCombSupreme Court of the United States · 1947
- Consolidated Timber Co. v. WomackCourt of Appeals for the Ninth Circuit · 1942
- McComb v. Homeworkers' Handicraft CooperativeCourt of Appeals for the Fourth Circuit · 1949
- Southern Ry. Co. v. BlackCourt of Appeals for the Fourth Circuit · 1942
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3Cited by4 opinions
- Charles R. Mednick v. Albert Enterprises, Inc., and Bal Harbour Towers, Inc.Court of Appeals for the Fifth Circuit · 1975
- Tobin v. PromersbergerDistrict Court, D. Minnesota · 1952
- Beard v. LanghamDistrict Court, S.D. Alabama · 2009
- Wirtz v. KneeceDistrict Court, D. South Carolina · 1966