Fleming v. A. B. Kirschbaum Co.’s Empirical Analysis
124 F.2d 567 · 1941
Citation profile
27 federal appellate · 6 district · 7 state decisions
How this case has been cited
Cited by 61 later decisions (2 by the Supreme Court) — most recently April 1973 · most notably Kirschbaum v. Walling US Arsenal Bldg Corporation (1942), Roland Electrical Co. v. Walling (1946)
27 federal appellate · 6 district · 7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Appellate journey
Relationships
Applies 29 U.S.C. § 203 · 29 U.S.C. § 206 (Equal Pay Act of 1963) · 29 U.S.C. § 207 · 29 U.S.C. § 213 · 29 U.S.C. § 215 · 29 U.S.C. § 217
Relies on M'Culloch v. State of Maryland · United States v. Darby · Juilliard v. Greenman · Fleming v. Hawkeye Pearl Button Co. · Hutcheson v. Atherton
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is enough that the employee be employed, for example, in an occupation which is necessary to the production of a part of any other ‘articles or subjects of commerce of any character’ which are produced for trade, commerce or transportation among the several states. This does not require an employee to be employed exclusively in the specified occupation. This does not require that the occupation in which he is employed be indispensable to the production under consideration. It is enough that his occupation be 'necessary to the production.’ * * J|< * ?t< Jjt “The work of petitioner’s employees has ‘such a close and immediate tie with the process of production for commerce, and was therefore so much an essential part of it, that the employees are to be regarded as engaged in an occupation “necessary to the production of goods for commerce.” ’ * * * ””
1 later decision quote this exact passage · from the majority““The Congress hereby finds that the existence, in industries engaged in commerce or in the production of goods for commerce, of labor conditions detrimental to * * * efficiency, and general well-being of workers. * * * “It is hereby declared to be the policy of sections 201-209 of this title * * * to correct and as rapidly as practicable to eliminate the conditions above referred to in such industries without substantially curtailing employment or earning power.” (Emphasis added.)”
1 later decision quote this exact passage · from the majority“any employee engaged in any retail or service establishment the greater part of whose selling or servicing is in intrastate commerce”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.