Pyramid Motor Freight Corp. v. Ispass et al. (330 U.S. 695)
U.S. Supreme Court · decided March 31, 1947 · Supreme Court Database (Spaeth)
- Citation
- 330 U.S. 695 · 67 S. Ct. 954
- Decided
- March 31, 1947
- Term
- October Term 1946
- Vote
- 9–0
- Majority author
- Justice Burton
- Issue area
- Unions
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Burton delivered the opinion of the Court. This case presents two issues: I. Was it reversible error for the Circuit Court of Appeals to deny petitioner’s motion to dismiss the appeal, made on the ground that the appeal had not been docketed and the transcript of record had not been filed within the time specified in Rule 73 (g) of the Federal Rules of Civil Procedure? We hold that it was not. II. Under the principles we have stated in the companion case of Levinson v. Spector Motor Service, 330 U. S. 649, was the Circuit Court of Appeals justified in remanding the present case to the District Court for entry of a judgment under the Fair Labor Standards Act, in favor of all of the respondents except Shapiro? We hold that the case should be remanded, but with directions to proceed in accordance with the opinion of this Court in this case and the Levinson case. This will include a direction to the District Court to determine whether or not the activities of each respondent consisted, wholly or in substantial part, of the class of work which is defined by the Interstate Commerce Commission in Ex parte No. MC-2, 28 M. C. C. 125, 133-134, as that of a “loader” of freight for an interstate common carrier by motor vehicle, and as affecting the safety of operation of motor vehicles in interstate or foreign commerce. This action was begun in 1942 in the City Court of the…
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