James P. Mitchell, Secretary of Labor, Etc. v. M. L. Birkett’s Empirical Analysis
286 F.2d 474 · 1961
Citation profile
13 federal appellate · 1 district ·
How this case has been cited
Cited by 22 later decisions — most recently August 2015
13 federal appellate · 1 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
Relies on Arnold v. Ben Kanowsky, Inc. · Phillips v. Walling US · Mitchell v. Kentucky Finance Co. · Mitchell v. Bekins Van & Storage Co. · McComb v. Wyandotte Furniture Co.
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Taylor Fertilizer is factually distinguishable as there the processing plant served the owner's single retail outlet. Here, the Fort Smith shop, in addition to processing film for the base shop, performed similar services for the Fort Smith shop and for independent drug stores. See and compare Fred Wolferman, Inc. v. Gustafson, 8 Cir., 169 F.2d 759 ."”
1 later decision quote this exact passage · from the majority““I wish to say that the word ‘establishment’ has been very well defined in the Wage and Hour Act. It means now a single physically separate place of business which possesses the characteristics of a retailer and it does not mean an entire business enterprise.””
1 later decision quote this exact passage · from the majority“Common ownership and close functional and economic relation ship between physically separated units of a business are not sufficient to make such combined units a single [retail or service] establishment. ...”
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.