Mitchell v. KENTUCKY FINANCE COMPANY, Civ. A. 2846.
| Citation | 150 F. Supp. 368 |
| Decision Date | 05 April 1957 |
| Docket Number | Civ. A. 2846. |
| Court | U.S. District Court — Western District of Kentucky |
| Parties | James P. MITCHELL, Secretary of Labor, United States Department of Labor, Plaintiff, v. KENTUCKY FINANCE COMPANY, Inc., a corporation and Kentucky Discount, Inc., a corporation, Defendants. |
Marvin Tincher, Jeter S. Ray, Nashville, Tenn., for plaintiff.
Thomas S. Dawson, Frank A. Logan, Louisville, Ky., Charles Kelly, Hubachek & Kelly, Chicago, Ill., Harold H. Levin, Proskauer, Rose, Goetz & Mendelsohn, New York City, for defendants.
This cause came on for trial and the Court having considered the evidence, the briefs, and arguments of counsel, hereby states the following findings of fact and conclusions of law.
1. The Court adopts the stipulation of the parties, dated May 2, 1955 as part of its findings herein.
2. The plaintiff brings this action to enjoin defendants from violating the provisions of Sections 15(a) (2) and 15(a) (5) of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. § 201 et seq., hereinafter designated as the Act.
3. Defendant "Ky. Finance Co., Inc., No. 1, Louisville, Ky." (hereinafter designated as Kentucky Finance) and defendant "Ky. Discount, Inc., Louisville, Ky." (hereinafter designated as Kentucky Discount) are separate corporations, organized under the laws of the Commonwealth of Kentucky and having their principal offices and place of business (hereinafter referred to as the Louisville Office), located at 225 South Fifth Street, in Louisville, Jefferson County, Kentucky.
4. At the Louisville Office Kentucky Finance makes personal and chattel loans of cash in amounts ranging from $5 to $300. At the same office Kentucky Discount purchases conditional sales contracts from appliance and furniture dealers.
5. Approximately 60 percent of the gross dollar volume of business done by the Louisville Office consists of personal and chattel loans made and handled by Kentucky Finance. Approximately 40 percent of the gross dollar volume of business done by the Louisville Office consists of conditional sales contracts purchased and handled by Kentucky Discount. All employees in the Louisville Office perform duties in the same capacity for both defendants.
6. Defendants conceded at the opening of the trial and the Court finds, on the basis of the stipulation that approximately 9 percent of the dollar volume of defendants' business is done with out-of-state borrowers, that defendants' employees are engaged in interstate commerce or the production of goods for interstate commerce. Defendants also conceded and the Court finds that prior to the filing of the present action defendants did not comply with Section 7 and Section 11(c) of the Fair Labor Standards Act. The only issue thus presented for determination by the Court is whether employees of defendants—other than the general manager and the collection manager—are exempt from the overtime provisions of the Act by reason of Section 13(a) (2) thereof, on the ground that they are employed by a retail or service establishment within the meaning of the Act.
7. On the basis of the stipulation and testimony the Court finds that more than 50 percentum of defendants' annual dollar volume of loans and purchases of conditional sales contracts are made within the State of Kentucky.
8. Subject to the same qualifications expressed by Chief Judge Kirkpatrick in Tobin v. Household Finance Corp., D.C. E.D.Pa., 106 F.Supp. 541, and Judge Day in Mitchell v. Aetna Finance Company, D.C.R.I., 144 F.Supp. 528, this Court finds that the local offices of small loan companies are regarded in the financial industry as retail service establishments. However, this finding becomes immaterial in view...
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Kentucky Finance Company v. Mitchell, 13287.
...v. Household Finance Corp., 106 F.Supp. 541, Mitchell v. Aetna Finance Co., 144 F.Supp. 528, and the present case Mitchell v. Kentucky Finance Co., Inc., 150 F.Supp. 368. In all three cases in the District Court, the Secretary's contention was sustained. Prior to the present appeal, the Hou......
- Mitchell v. Kentucky Finance Company
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Wirtz v. Valco, Inc., Civ. A. No. 67-B-31.
...for to do so would be to penalize it for having to borrow money from outside of Texas; and says that the cases of Mitchell v. Kentucky Finance Co., Inc., 150 F.Supp. 368, 254 F.2d 8, 359 U.S. 290, 79 S.Ct. 756, 3 L.Ed.2d 815 and Aetna Finance Co. v. Mitchell, 247 F.2d 190 (CA 1, 1957), whic......
- Stein v. Meyer, Civ. A. No. 19552.