H. J. Boisseau v. James P. Mitchell, Secretary of Labor, United States Department of Labor’s Empirical Analysis
218 F.2d 734 · 1955
Citation profile
29 federal appellate · 4 district ·
How this case has been cited
Cited by 43 later decisions — most recently August 1971 · most notably James P. Mitchell, Secretary of Labor, United States Department of Labor v. T. F. Taylor Fertilizer Works, Inc. (1956), Mitchell v. Royal Baking Co. (1955)
29 federal appellate · 4 district ·
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. § 206 (Equal Pay Act of 1963) · 29 U.S.C. § 213
Relies on McLeod v. Threlkeld · Roland Electrical Co. v. Walling · Mabee v. White Plains Publishing Co. · Foremost Dairies, Inc. v. Ivey
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““There is some suggestion that the first exemption above quoted was somewhat relied upon by the District Court in its decision. Such exemption applies to employees of ‘any retail or service establishment the greater part of whose selling or servicing is in intrastate commerce’. We do not think that Congress used the term ‘service establishment’ in its broad sense, which would include public utilities such as railroads, gas and electric companies, telephone and telegraph companies, and the like. In its narrower sense the term applies to an altogether different class of businesses, such as restaurants, hotels, laundries, garages, barber shops, beauty parlors, funeral homes, shoe-shining parlors, clothes pressing clubs, and the like.””
1 later decision quote this exact passage · from the majority““Exemptions “Sec. 13. (a) The provisions of sections 6 and 7 shall not apply with respect to * * * “(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.