1. Home
  2. Browse Decisions
  3. F.2d
  4. 292 F.2d
  5. 292 F.2d 105 (1961)
 

MITCHELL v. JOHN R. COWLEY & BRO., INC.

No. 18440.

292 F.2d 105 (1961)

James P. MITCHELL, Secretary of Labor, United States Department of Labor (Arthur J. Goldberg, Secretary of Labor, substituted as party appellant in place and stead of James P. Mitchell, resigned), Appellant, v. JOHN R. COWLEY & BRO., INC., and Marine Junk Company, Inc., Appellees.

United States Court of Appeals Fifth Circuit.

June 23, 1961.

Attorney(s) appearing for the Case

Jacob I. Karro, Atty., Dept. of Labor, Bessie Margolin, Asst. Solicitor Dept. of Labor, Harold C. Nystrom, Acting Solicitor of Labor, Washington, D. C., Lawrence P. Hochberg, Atty., U. S. Dept. of Labor, Dallas, Tex., Beverley R. Worrell, Regional Atty., Birmingham, Ala., for appellant.

Alvin McConnell, Arthur J. Kearley, Kearley & McConnell, Mobile, Ala., for appellees.

Before RIVES, JONES and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This appeal by the Secretary from an adverse judgment in favor of the Employers in a § 16(c), 29 U.S.C.A. § 216(c), suit on behalf of a worker concerns two issues: was the worker an employee rather than an independent contractor? If an employee, was his work as a watchman in a "* * * closely related process or occupation directly essential to the production * * *" of goods for commerce? The Secretary by motions for directed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases