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Morris v. McComb, 332 U.S. 422 (1947)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Morris v. McComb, 332 U.S. 422 (1947)
Morris v. McComb No. 7 Argued October 13, 1947 Decided November 17, 1947 332 U.S. 422
CERTIOIARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
1. Under § 204 of the Motor Carrier Act, 1935, the Interstate Commerce Commission has power to establish qualifications and maximum hours of service with respect to drivers and mechanics employed full time, as such, by a common carrier by motor vehicle, when the services rendered through such employees by such carrier in interstate commerce are distributed generally throughout the year, constitute 3% to 4% of the carrier’s total carrier services, and the performance of such services is shared indiscriminately among such employees and mingled with their performance of other like services for such carrier not in interstate commerce. Pp. 423-424, 431-437.
2. It is the character of the employee’s activities, rather than the proportion of either his time or of his activities, that determines the actual need for the Commission’s power to establish qualifications and maximum hours of service. Levinson v. Spector Motor Service, 330 U.S. 649. Pp. 431-432.
3. Section 13(b)(1) of the Fair Labor Standards Act makes the overtime requirements of § 7 inapplicable to such employees. Levinson v. Spector Motor Service, supra. Pp. 423-424, 437-438.
155 F.2d 832, judgment vacated and cause remanded.
The District Court dismissed a suit by the Wage and Hour Administrator to enjoin alleged violations of § 15(a)(1) and (2) of the Fair Labor Standards Act. The Circuit Court of Appeals reversed. 155 F.2d 832. This Court granted certiorari. 330 U.S. 817. Judgment of the Circuit Court of Appeals vacated, and cause remanded to the District Court for further proceedings consistent with the opinion of the Circuit Court of Appeals, as here modified, p. 438.
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Chicago: U.S. Supreme Court, "Syllabus," Morris v. McComb, 332 U.S. 422 (1947) in 332 U.S. 422 332 U.S. 423. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=A3S2GT4SDX5WZZ7.
MLA: U.S. Supreme Court. "Syllabus." Morris v. McComb, 332 U.S. 422 (1947), in 332 U.S. 422, page 332 U.S. 423. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=A3S2GT4SDX5WZZ7.
Harvard: U.S. Supreme Court, 'Syllabus' in Morris v. McComb, 332 U.S. 422 (1947). cited in 1947, 332 U.S. 422, pp.332 U.S. 423. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=A3S2GT4SDX5WZZ7.
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