Supreme Court of the United States, 1957

Mitchell v. Bekins Van & Storage Co.

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.

Mitchell v. Bekins Van & Storage Co.

Cases that cite this one

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

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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.

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