Fleming v. CINCINNATI UNION TERMINAL COMPANY
| Decision Date | 07 January 1941 |
| Docket Number | No. 8656.,8656. |
| Citation | 117 F.2d 1012 |
| Parties | Philip B. FLEMING, as Administrator of the Wage and Hour Division, United States Department of Labor, Appellant, v. CINCINNATI UNION TERMINAL COMPANY, Inc., Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
George A. McNulty, Irving J. Levy, Joseph Rauh, John E. Skilling, and Arthur E. Reyman, all of Washington, D. C., and William T. McKnight, of Cleveland, Ohio, for appellant.
Taft, Stettinius & Hollister, of Cincinnati, Ohio, for appellee.
Before HICKS, SIMONS and HAMILTON, Circuit Judges.
It appearing that the bill of complaint filed November 6, 1939, charges violations of Sections 15(a)(2) and 15(a)(5) of the Fair Labor Standards Act of 1938, Public #718, 75th Congress, 52 Stat. 1060, 29 U.S. C.A. § 215(a)(2, 5), and the answer filed November 27, 1939, constituted justiciable issues which appellant has a right to have determined by a trial in equity, and that this right did not become extinguished by the inauguration by appellee on February, 1940, of a new plan for the payment of compensation to "red caps" as set forth in the supplemental answer filed February 19, 1940, and as found by the District Court, it is therefore ordered, adjudged and decreed, upon the authority of Federal Trade Commission v. Goodyear Tire & Rubber Co., 304 U.S. 257, 58 S.Ct. 863, 82 L.Ed. 1326, and cited cases, that the decree appealed from be and the same is reversed and the case is remanded for further proceedings consistent herewith.
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...257, 58 S.Ct. 863, 82 L.Ed. 1326; Fleming v. Jacksonville Paper Co., 5 Cir., 128 F.2d 395, decided May 25, 1942; Fleming v. Cincinnati Union Terminal Co., 6 Cir., 117 F.2d 1012; Otis & Co. v. Securities and Exchange Comm., 6 Cir., 106 F.2d 579; Sears, Roebuck & Co. v. Federal Trade Commissi......
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Walling v. Mutual Wholesale Food & Supply Co.
...been applied in suits for injunctions under this Act. Walling v. Haile Gold Mines, 4 Cir., 136 F.2d 102, 105; Fleming v. Cincinnati Union Terminal Co., 6 Cir., 117 F.2d 1012. This rule is reenforced if the situation presents a necessity for decision as a guide to the public agency in future......
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Walling v. Haile Gold Mines
...L.Ed. 831, 115 A.L.R. 307; Federal Trade Commission v. Goodyear Co., 304 U.S. 257, 58 S.Ct. 863, 82 L. Ed. 1326; Fleming v. Cincinnati Union Terminal Co., 6 Cir., 117 F.2d 1012; Securities and Exchange Commission v. Lawson, D.C., 24 F.Supp. 360. This particularly is true where the challenge......
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