Legal Opinion
John T. Dunlop, Secretary of Labor, United States Department of Labor v. Industrial America Corporation
Court of Appeals for the Fifth Circuit
Decided July 28, 1975No. 74-2370PublishedCited by 43 opinions
1Opinion of the Court
GODBOLD, Circuit Judge.
The Secretary of Labor brought this action against defendant-appellee Industrial America Corporation (Industrial) to enforce various provisions of the Fair Labor Standards Act, Act of June 25, 1938, 52 Stat. 1060, as amended, 29 U.S.C. § 201 et seq. (1970). The trial court held that Industrial was not covered by the act and the Secretary has appealed. We affirm.
The precise question before us is: Is a business which consumes gasoline and oil in the process of providing services to its customers the “ultimate consumer” of those goods for purposes of 29 U.S.C. § 203(i)?
Indu…
2Cases cited7 opinions
- A. B. Kirschbaum Co. v. WallingSupreme Court of the United States · 1942
- Maryland v. WirtzSupreme Court of the United States · 1968
- Peter J. Brennan, Secretary of Labor, United States Department of Labor v. David Dillion, an IndividualCourt of Appeals for the Tenth Circuit · 1973
- Peter J. Brennan, Secretary of Labor, United States Department of Labor v. State of LowaCourt of Appeals for the Eighth Circuit · 1974
- Wirtz v. Mayer Construction Co.District Court, D. New Jersey · 1968
2 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Joseph Thorne v. All Restoration Svcs. Inc.Court of Appeals for the Eleventh Circuit · 2006
- Marshall v. BrunnerCourt of Appeals for the Third Circuit · 1982
- Polycarpe v. E&S Landscaping Service, Inc.Court of Appeals for the Eleventh Circuit · 2010
- Archie v. Grand Central Partnership, Inc.District Court, S.D. New York · 1998
- Jacobs v. New York Foundling HospitalCourt of Appeals for the Second Circuit · 2009
38 more not listed; retrieve them via the Exa API.