Supreme Court of the United States, 1957

Mitchell v. Bekins Van & Storage Co.

Supreme Court of the United States · Decided March 11, 1957 · Burton, Evidence, Harlan, Standards, That, Would

352 U.S. 1027; 77 S. Ct. 593; 1 L. Ed. 2d 589; 1957 U.S. LEXIS 1639 (United States Reports)

Counsel

Bessie Margolin argued the cause for petitioner. With her on the brief were Solicitor General Rankin, Stuart Rothman and Eugene R. Jackson. William French Smith argued the cause for respondent. With him on the brief was Homer D. Grotty.

Cases that cite this one

39 later published cases cite this decision. The 25 that cite it most often are listed here.

Acme Car & Truck Rentals, Inc. v. James Hooper (5th Cir. 1964)
Reid v. Teutonia Wine & Liquor Mart, Inc. (District Court, E.D. Wisconsin 1975)
Brennan v. Yellowstone Park Lines, Inc. (10th Cir. 1973)
American Federation of State, County & Municipal Employees, AFL-CIO v. County of Nassau (District Court, E.D. New York 1985)
Chen v. Major League Baseball Properties, Inc. (2d Cir. 2015)
Chen v. Major League Baseball Properties, Inc. (2d Cir. 2015)
Renstrom v. Nash Finch Co. (D. Minn. 2011)
Elaine L. Chao, Secretary of Labor v. Double Jj Resort Ranch (6th Cir. 2004)
Brownlee v. Gay and Taylor, Inc. (District Court, D. Kansas 1986)
Grumbine v. United States (District Court, District of Columbia 1984)
Tomchek-May v. Brown County (District Court, E.D. Wisconsin 1984)
Alexander v. University of Michigan-Flint (District Court, E.D. Michigan 1980)
Brennan v. Yellowstone Park Lines (10th Cir. 1973)
Futrell v. Columbia Club, Inc. (District Court, S.D. Indiana 1971)
Shultz v. Adair's Cafeterias, Inc. (10th Cir. 1970)
Jackson v. Airways Parking Company (United States District Court for the Northern District of Georgia 1969)
Shultz v. Adair's Cafeterias, Inc. (10th Cir. 1969)
Clarence Dale Cunningham v. Phillips Petroleum Company, a Corporation (10th Cir. 1968)
Lewis v. Brandt Furniture, Inc. (District Court, W.D. Louisiana 1967)
Wirtz v. Columbian Mutual Life Insurance Company (District Court, W.D. Tennessee 1965)
James P. Mitchell, Secretary of Labor, Etc. v. M. L. Birkett (8th Cir. 1961)
James P. Mitchell v. Sunshine Department Stores, Inc. (5th Cir. 1961)
Mitchell v. Sunshine Department Stores, Inc. (5th Cir. 1961)
Hammonds v. J. W. Broom & Sons (District Court, W.D. North Carolina 1961)
Goldberg v. Fritschy (District Court, W.D. North Carolina 1961)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam:

The judgment is reversed. Respondent’s five physically separate warehouses do not constitute a single “retail establishment” within the meaning of the exemption provided by §13 (a)(2) of the Fair Labor Standards Act, 52 Stat. 1067, as amended, 63 Stat. 917, 29 U. S. C. § 213 (a)(2). Phillips, Inc., v. Walling, 324 U. S. 490; see 95 Cong. Rec. 12579.

Mr. Justice Burton and Mr. Justice Harlan, believing that the decision of the Court of Appeals was based upon proper standards and sufficient evidence, would affirm the judgment.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.