McComb v. McKay’s Empirical Analysis
164 F.2d 40 · 1947
Citation profile
7 federal appellate ·
How this case has been cited
Cited by 10 later decisions (2 by the Supreme Court) — most recently November 1964
7 federal appellate ·
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.
Relationships
Applies 29 U.S.C. § 201 (American Samoa Labor Standards Amendments of 1956) · 29 U.S.C. § 203 · 29 U.S.C. § 207 · 29 U.S.C. § 211 · 29 U.S.C. § 213 · 42 U.S.C. § 301 (§ 1 of the Social Security Act of 1935)
Relies on Virginian Ry Co v. System Federation No 40 · United States v. Silk · Rutherford Food Corp. v. McComb · Bartels v. Birmingham · Walling v. US
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It seems obvious to us that the making, repairing and storing of temporary grain doors and coal doors which are essential for the shipment of grain and coal are necessary parts of the business of the railroad. If the McKays represent the railroad in employing men and supervising the operations at the grain door yard, as the District Court determined, the men are not in any proper sense employees of the McKays, but are employees of the railroad and exempt from the provisions of § 7 of the Act. We think that the employees reasonably cannot be regarded as employees of the McKays for the purpose of § 7 of the Act and as employees of the railroad for other pur-*poses. They are employees of the McKays or of the railroad, but not of both.””
1 later decision quote this exact passage · from the majority“(d) 'Employer’ includes any person acting directly or indirectly in the interest of an employer in relation to an employee but shall not include the United States or any State or political subdivision of a State, ....“(e) 'Employee’ includes any individual employed by an employer.”
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.