Powell v. Washington Post Company, No. 14823.
| Court | United States Courts of Appeals. United States Court of Appeals (District of Columbia) |
| Writing for the Court | PER CURIAM |
| Citation | 267 F.2d 651 |
| Parties | Diana K. POWELL, Appellant, v. WASHINGTON POST COMPANY and James P. Mitchell, Secretary of Labor, Appellees. |
| Docket Number | No. 14823. |
| Decision Date | 23 April 1959 |
267 F.2d 651 (1959)
Diana K. POWELL, Appellant,
v.
WASHINGTON POST COMPANY and James P. Mitchell, Secretary of Labor, Appellees.
No. 14823.
United States Court of Appeals District of Columbia Circuit.
Argued March 11, 1959.
Decided April 23, 1959.
Miss Diana K. Powell, appellant pro se.
Mr. George Blow, Washington, D. C. with whom Mr. James C. McKay, Washington,
Mr. Jack Marshall Stark, Asst. U. S. Atty., with whom Mr. Oliver Gasch, U. S. Atty., and Mr. Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee James P. Mitchell, Secretary of Labor. Mr. Walter J. Bonner, Asst. U. S. Atty., also entered an appearance for appellee James P. Mitchell, Secretary of Labor.
Before PRETTYMAN, Chief Judge, and FAHY and BURGER, Circuit Judges.
PER CURIAM.
This is a civil action brought by our appellant, Diana K. Powell. She alleged she had been employed as a part-time clerk by The Washington Post Company; she several times notified responsible officers of the Company that clerks in its employ were working in violation of the Fair Labor Standards Act; and, when the Company was informed of her intention to submit the matter to the Department of Labor, she was discharged. She alleged this discharge was in violation of Section 15(a) (3) of the Act.1 She prayed that the Company be required to reinstate her in adequate suitable employment and pay her compensation for the time she was unemployed, that the defendant Secretary of Labor be required to investigate the conditions described in her complaint, and that he take such further action as might be necessary to restrain continued violations of the Act. The Washington Post Company moved to dismiss, and the Secretary filed an answer and a motion for judgment on the pleadings and then a motion for summary judgment. Attached to the latter motion was an affidavit of an official of the Department of Labor, showing he had made an investigation of the operations of the Company and had been unable to find any evidence of violation of the statue. An affidavit filed by the plaintiff verified the fact that such an investigation had been made. The District Court dismissed as to The Washington Post Company and granted the Secretary's motion for summary judgment.
Section 11(a) of the Fair Labor Standards Act2 provides, in part: "Except as provided in section 12, the Secretary of Labor shall bring all actions under section 17 to...
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Equal Employment Op. Com'n v. American Tel. & Tel. Co., Civ. A. No. 73-149.
...374, 379 (W.D.Ark.1953); Bowe v. Judson C. Burns, 137 F.2d 37, 39 (3d Cir. 1943); Powell v. Washington Post Co., 105 U.S.App.D.C. 374, 267 F.2d 651 (1959) (per curiam), cert. denied, 360 U.S. 930, 79 S.Ct. 1449, 3 L.Ed.2d 1544 365 F. Supp. 1122 (1959); Roberg v. Henry Phipps Estate, 156 F.2......
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U.S. Equal Emp't Opportunity Comm'n v. Balt. Cnty., Civil Action No. RDB-07-2500
...not available in suits by private individuals but only in suits by the Secretary. Powell v. Washington Post Co. , 105 U.S.App.D.C. 374, 267 F.2d 651 (1959) ; Roberg v. Henry Phipps Estate , 156 F.2d 958, 963 (CA2 1946) ; Bowe v. Judson C. Burns, Inc. , 137 F.2d 37 (CA3 1943). Congress made ......
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Luder v. Endicott, No. 99-C-694-C.
...F.2d 682, 688 (6th Cir.1976), rev'd on other grounds, 435 U.S. 911, 98 S.Ct. 1463, 55 L.Ed.2d 503 (1978); Powell v. Washington Post Co., 267 F.2d 651, 652 (D.C.Cir.1959); Roberg v. Henry Phipps Estate, 156 F.2d 958, 963 (2d Cir.1946); Bowe v. Judson C. Burns, Inc., 137 F.2d 37, 39 (3d Cir.1......
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Reeves v. International Tel. and Tel. Corp., No. 78-1286
...section 15(a)(3) violation rested solely with the Secretary of Labor, who did not file suit at that time. Powell v. Washington Post Co., 267 F.2d 651 (2) From the earliest pre-trial stipulation in 1969, the employer has challenged the court's jurisdiction over the unlawful discharge claim. ......
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Equal Employment Op. Com'n v. American Tel. & Tel. Co., Civ. A. No. 73-149.
...374, 379 (W.D.Ark.1953); Bowe v. Judson C. Burns, 137 F.2d 37, 39 (3d Cir. 1943); Powell v. Washington Post Co., 105 U.S.App.D.C. 374, 267 F.2d 651 (1959) (per curiam), cert. denied, 360 U.S. 930, 79 S.Ct. 1449, 3 L.Ed.2d 1544 365 F. Supp. 1122 (1959); Roberg v. Henry Phipps Estate, 156 F.2......
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U.S. Equal Emp't Opportunity Comm'n v. Balt. Cnty., Civil Action No. RDB-07-2500
...not available in suits by private individuals but only in suits by the Secretary. Powell v. Washington Post Co. , 105 U.S.App.D.C. 374, 267 F.2d 651 (1959) ; Roberg v. Henry Phipps Estate , 156 F.2d 958, 963 (CA2 1946) ; Bowe v. Judson C. Burns, Inc. , 137 F.2d 37 (CA3 1943). Congress made ......
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Luder v. Endicott, No. 99-C-694-C.
...F.2d 682, 688 (6th Cir.1976), rev'd on other grounds, 435 U.S. 911, 98 S.Ct. 1463, 55 L.Ed.2d 503 (1978); Powell v. Washington Post Co., 267 F.2d 651, 652 (D.C.Cir.1959); Roberg v. Henry Phipps Estate, 156 F.2d 958, 963 (2d Cir.1946); Bowe v. Judson C. Burns, Inc., 137 F.2d 37, 39 (3d Cir.1......
-
Reeves v. International Tel. and Tel. Corp., No. 78-1286
...section 15(a)(3) violation rested solely with the Secretary of Labor, who did not file suit at that time. Powell v. Washington Post Co., 267 F.2d 651 (2) From the earliest pre-trial stipulation in 1969, the employer has challenged the court's jurisdiction over the unlawful discharge claim. ......