Legal Opinion
Peter J. Brennan, Secretary of Labor, United States Department of Labor v. Texas City Dike & Marina, Inc.
Court of Appeals for the Fifth Circuit
Decided May 17, 1974No. 73-2232PublishedCited by 21 opinions
1Opinion of the Court
THORNBERRY, Circuit Judge:
The sole question presented for review is whether appellee’s marina is an “amusement or recreational establishment” within the meaning of 29 U.S.C.A. § 213(a)(3) and thus exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act. 1 The court below held that appellee was entitled to the exemption. We disagree and therefore reverse.
I
The parties have stipulated to the relevant facts. Appellee Texas City Dike & Marina, Inc. owns a marina that dispenses goods and services to people pursuing the leisure time activities of boating and fishing.…
2Cases cited6 opinions
- Arnold v. Ben Kanowsky, Inc.Supreme Court of the United States · 1960
- A. H. Phillips, Inc. v. WallingSupreme Court of the United States · 1945
- Mitchell v. Kentucky Finance Co.Supreme Court of the United States · 1959
- Idaho Sheet Metal Works, Inc. v. WirtzSupreme Court of the United States · 1966
- Hodgson v. Colonnades, Inc.Court of Appeals for the Fifth Circuit · 1973
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Jeffery v. Sarasota White Sox, Inc.Court of Appeals for the Eleventh Circuit · 1995
- Quinteros v. Sparkle Cleaning, Inc.District Court, D. Maryland · 2008
- Chaney v. Clark County Agricultural Society, Inc.Ohio Court of Appeals · 1993
- W. J. Usery, Jr., Secretary of Labor, United States Department of Labor v. Associated Drugs, Inc.Court of Appeals for the Fifth Circuit · 1976
- Chen v. Major League BaseballDistrict Court, S.D. New York · 2014
16 more not listed; retrieve them via the Exa API.