FRATERNAL ORDER OF POLICE ET AL.

v.

HARRIS ET AL.

Citator

Cited By

• Equal Emp. Opportunity Comm'n v. Safeway Stores, Inc., 611 F.2d 795 (10th Cir. 1979)
  …nsent decree exceeds the law by prohibiting lawful conduct, Swift & Co. v. United States, 276 U.S. 311, 328-31, 48 S.Ct. 311, 72 L.Ed. 587 (1928), or by granting an unauthorized remedy, Walling v. Miller, 138 F. 2d 629 (8th Cir. 1943), cert. denied, 321 U.S. 784, 64 S.Ct. 781, 88 L.Ed. 1076 (1944), does not render it void. Such efforts may be grounds for reversal on appeal of the judgment, but they are not grounds for collateral attack. Although a consent decree will not be vacated merely because it is leg…
• McCOMB v. Frank Scerbo & Sons, Inc., 177 F.2d 137 (2d Cir. 1949)
  …omoted by requiring back pay as well as reinstatement.” Walling v. O’Grady, supra, 146 F. 2d at page 423. And they cited the concurring opinion of Judge Woodrough in Walling v. Miller, 8 Cir., 138 F. 2d 629, 633, certiorari denied Miller v. Walling, 321 U.S. 784, 64 S.Ct. 781, 88 L.Ed. 1076, dealing with back pay for which the employee can sue. The burden of Judge Woodrough’s argument is that “As to such individual employees on whom the Act confers a right of action for deficiency in wages, there can be no…
• Mitchell v. Robert de Mario Jewelry, Inc., 260 F.2d 929 (5th Cir. 1958)
  …and Hour Administrator directing payment to employees of the defendant of the difference between wages paid and the amount payable at the prescribed minimum hourly and overtime rates. Walling v. Miller, 8 Cir., 1943, 138 F. 2d 629, certiorari denied 321 U.S. 784, 64 S.Ct. 781, 88 L.Ed. 1076. Doubt was expressed as to the authority of the administrator to maintain the suit, but it was found unnecessary to decide the question. One of the judges, in an opinion concurring specially, expressed the opinion that t…