BELL ET AL.

v.

PORTER ET AL.

Citator

Cited By

• Morris v. McComb, 332 U.S. 422 (U.S. 1947)
  …se of its importance in interpreting the Motor Carrier Act and the Fair Labor Standards Act and because the question first stated above had not been passed upon in our decisions in the Levinson [*426] and Pyramid cases, supra, we granted certiorari, 330 U. S. 817, limited to the following question: “2. Where such employees [i. e., those of a common carrier for hire who conducts a general cartage business] during a minority of their time are engaged in the transportation of interstate traffic are they exempt…
• Van Dyke v. Bluefield Gas Co., 210 F.2d 620 (4th Cir. 1954)
  …ther the principal duty of .the employee was to stand by and be available. The Supreme Court has upheld, however, the rule that sleeping time is not compensable. Bell v. Porter, D.C., 66 F.Supp. 49, reversed 7 Cir., 159 F. 2d 117, certiorari granted 330 U.S. 817, 67 S.Ct. 1082, 91 L.Ed. 1269, vacated 330 U.S. 813, 67 S.Ct. 1092, 91 L.Ed. 1267, rehearing denied 331 U.S. 864, 67 S.Ct. 1198, 91 L.Ed. 1869. Other Federal Courts have likewise held that adequate sleeping time is not compensa-ble under the Act. Bo…
• Selby v. J. A. Jones Const. Co., 175 F.2d 143 (6th Cir. 1949)
  …trict court for a reconsideration and amplification of the record. The Supreme Court took the same course in Reed v. Murphey, 5 Cir., 168 F. 2d 257. Appellants lean heavily upon Bell v. Porter, 7 Cir., 159 F. 2d 117 in which cer-tiorari was denied, 330 U.S. 817, 67 S.Ct. 1092, 91 L.Ed. 1267; but the denial of cer-tiorari is not equivalent to an affirmance. In that case the Court of Appeals held that appellant was an independent contractor and as such did not share the Government’s immunity. Whether appelle…