Mitchell v. Birkett’s Empirical Analysis
1960
Citation profile
4 federal appellate · 1 state decisions
Relationships
Applies 28 U.S.C. § 1337 · 29 U.S.C. § 201 (American Samoa Labor Standards Amendments of 1956) · 29 U.S.C. § 203 · 29 U.S.C. § 213 · 29 U.S.C. § 216 · 29 U.S.C. § 251 (Employee Commuting Flexibility Act of 1996) · 29 U.S.C. § 255
Relies on Phillips v. Walling US · Walling US v. General Industries Co · Mitchell v. Bekins Van & Storage Co. · James P. Mitchell, Secretary of Labor, United States Department of Labor v. T. F. Taylor Fertilizer Works, Inc. · H. J. Boisseau v. James P. Mitchell, Secretary of Labor, United States Department of Labor
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The plaintiff insists that an establishment, as that term is used in the Act, can mean only a distinct physical place of business and that each physically separated unit must stand on its individual record without regard to its economic and functional relationship to another unit. If this contention is correct, the Fort Chaffee concession sales could not be counted with the sales at the Fort Smith location in determining the applicability of the retail exemption. If the Fort Smith sales are analyzed alone, the defendants do not meet the statutory requirements of a retail establishment, and the court must find the issues in favor of the plaintiff.”
1 later decision quote this exact passage“(2) any employee employed by any retail or service establishment, more than 50 per centum of which establishment's annual dollar volume of sales of goods or services is made within the State in which the establishment is located. A `retail or service establishment' shall mean an establishment 75 per centum of whose annual dollar volume of sales of goods or services (or of both) is not for resale and is recognized as retail sales or services in the particular industry; * * *”
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.