Summary
In Brenna v. Federal Cartridge Corp., 183 F.2d 414 (8th Cir. 1950), the Court of Appeals for the Eighth Circuit granted a petition for rehearing in a Fair Labor Standards Act case after the Supreme Court, in unrelated litigation, overruled the Eighth Circuit case upon which it had relied.
Summary of this case from McGeshick v. ChoucairOpinion
No. 13678.
July 18, 1950.
Before SANBORN, WOODROUGH, and RIDDICK, Circuit Judges.
The appellants have petitioned this court for a rehearing because of the decision of the Supreme Court in Powell et al. v. United States Cartridge Co., 339 U.S. 497, 70 S.Ct. 755, reversing the decision of this Court in United States Cartridge Co. v. Powell et al., 8 Cir., 174 F.2d 718, upon the authority of which the judgment of dismissal in the instant case was affirmed by this Court, 8 Cir., 174 F.2d 732.
The reversal of the decision of this Court in the Powell case requires that the petition for rehearing be granted, and that the judgment appealed from be reversed and the case remanded for a new trial.
It is so ordered.