no statutory objectives to be served where new statutory machinery is in place
How later courts described this case
- no statutory objectives to be served where new statutory machinery is in place
- "[J]udicial decisions normally are to be applied retroactively."
- “[Jjudicial decisions normally are to be applied retroactively.”
Written by the judges who cited it.
The opinion
ROBB, Circuit Judge,
concurring:
I concur in Judge Robinson’s opinion. At the time of Mullins’ transfer and during more than 70% of the five months preceding that date he worked and was paid for as a roof bolter. In view of those facts I think it would be unrealistic to hold that “the regular rate of pay received by him immediately prior to his transfer” was that of a general inside laborer.