McComb v. Crane

Fifth Circuit

McComb v. Crane

174 F.2d 646, 1949 U.S. App. LEXIS 3371, 16 Lab. Cas. (CCH) 65,180

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 3, 1949

DocketNo. 12335

StatusPublished

Cited by8 cases

This text of 174 F.2d 646 (McComb v. Crane) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McComb v. Crane, 174 F.2d 646, 1949 U.S. App. LEXIS 3371, 16 Lab. Cas. (CCH) 65,180 (5th Cir. 1949).

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Opinion

PER CURIAM.

The judgment, appealed from in part, was rendered pursuant to the decision of this Court in this case, Walling v. Crane, 5 Cir., 158 F.2d 80, wherein we held it was not the intent of Congress that the Administrator should by injunction and civil contempt proceedings collect deficiencies in wages under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The Supreme Court has now held otherwise in McComb v. Jacksonville Paper Company, 336 U.S. 187, 69 S.Ct. 497. We are compelled to disavow our previous decision as the law of this case and to reverse the judgment appealed from. Because a fine was imposed as the sole purgation of the contempt and its amount may have been influenced thereby, we set aside the entire judgment in order that the district court may have a free hand in dealing further with the case.

The judgment is reversed and the cause remanded for further proceedings not inconsistent with this opinion.

Reversed.

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PER CURIAM.

The judgment, appealed from in part, was rendered pursuant to the decision of this Court in this case, Walling v. Crane, 5 Cir., 158 F.2d 80, wherein we held it was not the intent of Congress that the Administrator should by injunction and civil contempt proceedings collect deficiencies in wages under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The Supreme Court has now held otherwise in McComb v. Jacksonville Paper Company, 336 U.S. 187, 69 S.Ct. 497. We are compelled to disavow our previous decision as the law of this case and to reverse the judgment appealed from. Because a fine was imposed as the sole purgation of the contempt and its amount may have been influenced thereby, we set aside the entire judgment in order that the district court may have a free hand in dealing further with the case.

The judgment is reversed and the cause remanded for further proceedings not inconsistent with this opinion.

Reversed.

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174 F.2d 646, 1949 U.S. App. LEXIS 3371, 16 Lab. Cas. (CCH) 65,180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccomb-v-crane-ca5-1949.

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