Legal Opinion

Divine v. Levy

District Court, W.D. Louisiana

Decided January 29, 1942No. Civ. A. 365PublishedCited by 16 opinions

1Opinion of the Court

PORTERIE, District Judge.

There is no cause for the court to change or modify the second opinion rendered, and found at 39 F.Supp. 44.

On Merits

Findings of Fact (a) and Conclusions of Law (b).(a) Wages earned prior to September 21, 1939, were earned more than one year before the filing date of the suit of plaintiff.(b) Article 3534 of the Civil Code of Louisiana applies and the wages (overtime included) earned prior to September 21, 1939, are barred by limitation.(a) The language taken from Section 16(b) of the Act, 29 U.S.C.A. § 216(b), “and in an additional equal amount as liquidated damages”…

2Cases cited11 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Moore v. Illinois Central RailroadSupreme Court of the United States · 1941
  3. Terner v. Glickstein & Terner, Inc.New York Court of Appeals · 1940
  4. Dawkins v. MitchellSupreme Court of Louisiana · 1922
  5. Knoop, Hanneman & Co. v. BlafferSupreme Court of Louisiana · 1887

6 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Chabrán Gómez v. Bull Insular Line, Inc.Supreme Court of Puerto Rico · 1948
  2. Cannon v. MillerWashington Supreme Court · 1945
  3. Avellanet v. Porto Rican Express Co.Supreme Court of Puerto Rico · 1945
  4. Loggins v. Steel Const. Co.Court of Appeals for the Fifth Circuit · 1942
  5. Johnson v. Anderson-Dunham Concrete Co.Supreme Court of Louisiana · 1947

11 more not listed; retrieve them via the Exa API.

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