Legal Opinion

Jemerson v. Mercantile National Bank at Dallas

Court of Appeals of Texas

Decided September 24, 1954No. 14840Published

1Opinion of the Court

DIXON, Chief Justice.

The question in this appeal is whether appellants, who are six maids and one porter employed by the Mercantile National Bank at Dallas, come within the coverage of the Fair Labor Standards Act, 29 U.S.C.A. §§ 201-219.

The facts disclosed by the record are not disputed. A written stipulation of facts and the deposition of Roy L. Smith, the Bank’s auditor, constitute the evidence of record. We take judicial notice of the general practices and customs of the banking business. 17 Tex.Jur. 222 ; 31 C.J.S., Evidence, § 29, page 560; McCormick & Ray, “Texas Law of Evidence,” p.…

2Cases cited11 opinions

  1. Walling v. Jacksonville Paper Co.Supreme Court of the United States · 1943
  2. Mabee v. White Plains Publishing Co.Supreme Court of the United States · 1946
  3. Bozant v. Bank of New YorkCourt of Appeals for the Second Circuit · 1946
  4. Skidmore v. John J. Casale, Inc.Court of Appeals for the Second Circuit · 1947
  5. Rucker v. First Nat. Bank of Miami, Okl.Court of Appeals for the Tenth Circuit · 1943

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