Summary
In McComb the judgment appealed from was rendered pursuant to a prior Fifth Circuit opinion holding that the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., did not permit the Administrator to collect wage deficiencies by injunction and civil contempt proceedings.
Summary of this case from Pettway v. American Cast Iron Pipe Co.Opinion
No. 12335.
June 3, 1949. Rehearing Denied July 30, 1949.
Appeal from the United States District Court for the Northern District of Georgia; E. Marvin Underwood, Judge.
Action by L. Metcalfe Walling, for whom William R. McComb was substituted, administrator of the Wage Hour Division, United States Department of Labor, against Ambers C. Crane, doing business as Crane Auto Parts Company, and others wherein plaintiff procured a consent decree against defendants enjoining them generally against violating any provisions of the Fair Labor Standards Act. From an alleged inadequate contempt order for violation of the judgment, plaintiff appeals.
Reversed and remanded.
See also Walling v. Crane, D.C.Ga., 64 F. Supp. 88; Walling v. Crane, C.A., 158 F.2d 80.
Bessie Margolin, Asst. Sol., U.S. Dept. of Labor, Washington, D.C., James H. Shelton, Senior Atty., U.S. Dept. of Labor, Birmingham, Ala., Thos. T. Purdom, Atty., U.S. Dept. of Labor, Birmingham, Ala., Beverley R. Worrell, Regional Atty., U.S. Dept. of Labor, Birmingham, Ala., for appellant.
Hugh Howell, Atlanta, Ga., Morris B. Abram, Atlanta, Ga., for appellees.
Before HUTCHESON, SIBLEY and LEE, Circuit Judges.
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.