EX PARTE ROBERT SPIES

U.S. | 1943-03-08
318 U.S. 742 Supreme Court of the United States (1943) Positive Treatment
Cited by 3 cases

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  • J. F. Fitzgerald Constr. Co. v. Pedersen, 324 U.S. 720 (U.S. 1945)
    …On petition for rehearing by the petitioner in the instant case, our judgment was amended by adding: “and without prejudice to a determination of the nature of the employment of any members of the class on whose behalf this suit has been brought." 318 U. S. 742. This left open for trial the question of whether each member of the class was engaged in interstate commerce as alleged in the petition. After remand to the state courts, the petitioner moved in the trial court to dismiss the complaint on the rec…
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  • Slover v. Wathen, 140 F.2d 258 (4th Cir. 1944)
    …re necessary and indispensable to interstate transportation by rail and road. Cf. Walling v. Patton-Tulley Transp. Co., 6 Cir., 134 F. 2d 945; Walling v. Craig, D.C.Minn.1943, 53 F.Supp. 479; Pedersen v. J. F. Fitzgerald Co., 318 U.S. 740, modified 318 U.S. 742, 63 S.Ct. 558; Atkocus v. Terker, Mun.Ct.1941, 30 N.Y.S.2d 628. Slover’s activities were thus so closely related to the movement of commerce as to be a part of it within the test prescribed by the Supreme Court in McLeod v. Threlkeld, 319 U.S. 491,…
  • Engebretsen v. E. J. Albrecht Co., 150 F.2d 602 (7th Cir. 1945)
    …ce” within the statutory meaning of the word “goods,” and that, therefore, the contractor was not subject to the Act. This decision was reversed in Pedersen v. J. F. Fitzgerald Construction Co., 318 U.S. 740, 63 S.Ct. 558, 87 L.Ed. 1119, modified in 318 U.S. 742, 63 S.Ct. 558, 87 L.Ed. 1119, all without opinion, upon authority of the Overstreet case. In Walling v. Patton-Tulley Transp”. Co., 6 Cir., 134 F. 2d 945, the court reversed the trial court’s ruling that dike and revetment employees engaged in cons…

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