Legal Opinion
W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. F. C. Jernigan
Court of Appeals for the Fifth Circuit
Decided December 13, 1968No. 25495PublishedCited by 21 opinions
1Opinion of the Court
McENTEE, Circuit Judge.
The Secretary of Labor brought this action to enjoin violations of the Fair Labor Standards Act pertaining to minimum wage and related matters. 29 U.S.C. § 201 et seq. Defendant Jernigan conceded noncompliance but claimed exemption as a retail or service establishment 1 under § 13(a) (2) of the Act. After trial on a stipulation of facts, the district court upheld defendant’s contention.
Since 1949 Jernigan has operated a restaurant on certain premises in Brew-ton, Alabama. 2 In addition, he has acted as an agent for the Greyhound Corporation since 1946. From 1955 to 1965…
2Cases cited5 opinions
- Arnold v. Ben Kanowsky, Inc.Supreme Court of the United States · 1960
- Mitchell v. Kentucky Finance Co.Supreme Court of the United States · 1959
- W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Savannah Bank & Trust Company of SavannahCourt of Appeals for the Fifth Circuit · 1966
- Wirtz v. First National Bank and Trust CompanyCourt of Appeals for the First Circuit · 1966
- Schmidt v. RandallDistrict Court, D. Minnesota · 1958
3Cited by21 opinions
- Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Brown Equipment and Service Tools, Inc.Court of Appeals for the Fifth Circuit · 1982
- Raul C. Montalvo v. Tower Life Building and Tower Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1970
- William E. Brock, Secretary of Labor, United States Department of Labor v. Norman's Country Market, Inc., David A. Norman and India A. NormanCourt of Appeals for the Eleventh Circuit · 1988
- George P. Shultz, Secretary of Labor, United States Department of Labor v. E. E. Falk, Individually and as a Partner in Drucker and FalkCourt of Appeals for the Fourth Circuit · 1971
- Peter J. Brennan, Secretary of Labor, United States Department of Labor v. Great American Discount and Credit Company, Inc.Court of Appeals for the Fifth Circuit · 1973
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