Calvin Sims v. Parke Davis & Co., a Michigan Corp., 453 F.2d 1259 (6th Cir. 1972). · Go Syfert
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Calvin Sims v. Parke Davis & Co., a Michigan Corp., 453 F.2d 1259 (6th Cir. 1972). Cases Citing This Book View Copy Cite
69 citation events (6 in the last 25 years) across 33 distinct courts.
Strongest positive: Kniffin v. Colorado Western Development Co. (coloctapp, 1980-08-28)
Treatment trajectory · 1972 → 2026 · click a year to view as-of
1972 1999 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited "see" Kniffin v. Colorado Western Development Co.
Colo. Ct. App. · 1980 · signal: see · confidence high
See Sims v. Parke Davis & Co., (D.C.) 334 F.Supp. 774 , aff’d, 453 F.2d 1259 (6th Cir. 1971), cert. denied, 405 U.S. 978 , 92 S.Ct. 1196 , 31 L.Ed.2d 254 (1972); 3B J.
cited Cited "see" Cooke v. Reynolds Metals Co.
E.D. Va. · 1975 · signal: see · confidence high
See Sims v. Parke Davis & Co., 453 F.2d 1259 (6th Cir. 1971), cert. den. 405 U.S. 978 , 92 S.Ct. 1196 , 31 L.Ed.2d 254 (1972), affirming, 334 F.Supp. 774 (E.D.Mich.1971).
discussed Cited "see, e.g." Smith v. New York State Higher Education Services Corp. (In Re Smith)
Bankr. N.D.N.Y. · 1988 · signal: see also · confidence low
Absent some evidence or reasonable estimate of the number of class members by the one asserting the class, numer-osity and the impracticability of joinder cannot be satisfied by speculation since there must be a “positive showing of circumstances.” Id. at 23-151; see also Sims v. Parke Davis & Co., 334 F.Supp. 774, 781 (E.D.Mich.1971), aff'd, 453 F.2d 1259 (6th Cir.), cert. denied, 405 U.S. 978 , 92 S.Ct. 1196 , 31 L.Ed.2d 254 (1972).
Retrieving the full opinion text from the archive…
Calvin SIMS Et Al., Plaintiffs-Appellants,
v.
PARKE DAVIS & COMPANY, a Michigan Corporation, Et Al., Defendants-Appellees
71-1170.
Court of Appeals for the Sixth Circuit.
Mar 6, 1972.
453 F.2d 1259
Robert L. Segar, Flint, Mich., Leitson, Dean, Dean, Segar & Hart, P. C., Flint, Mich,, on the brief, for appellants., Timothy K. Carroll, Wolfgang Hoppe, Detroit, Mich., Miller, Canfield, Paddock & Stone, Detroit, Mich., on the brief, for Parke Davis and Co., Dykema, Gossett, Spencer, Goodnow & Trigg, by James D. Tracy, Timothy K. Carroll, Detroit, Mich., for Upjohn Co., Frank J. Kelley, Atty. Gen. for State of Michigan, Robert A. Derengoski, Sol. Gen., Solomon Bienenfeld, Asst. Atty. Gen., Lansing, Mich., on the brief for Attorney General of the State of Michigan.
McCree, Brooks, Kent.
Cited by 5 opinions  |  Published
PER CURIAM.

This action was brought as a class action in the District Court for the Eastern District of Michigan, Southern Division. The plaintiffs-appellants are present and former inmates at the State Prison of Southern Michigan seeking additional recovery for their labor in drug clinics operated on the prison grounds by two of the defendants-appellees, Parke Davis & Company and The Upjohn Company. Plaintiffs’ claims are based primarily on their contentions that (1) they are entitled to recover from the defendant drug companies the difference between the compensation they received for their work and the minimum wage prescribed by the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; (2) or otherwise, they are entitled to recover the difference between the compensation received and the minimum wage as prescribed by the Michigan Minimum Wage Law of 1964, Mich.Com.Laws § 408.381. Also, they claim the drug companies have been unjustly enriched by the illegal use of their services for which the plaintiffs should recover on a quantum meruit basis, and further, that they are entitled to damages for various alleged constitutional deprivations.

The District Court, in a detailed and comprehensive opinion, refused to permit the action to be maintained as a class action and granted summary judgment denying all relief sought by the plaintiffs. Upon our consideration of the record, the briefs and oral arguments of the parties, it is concluded that the judgment of the District Court should be affirmed for the reasons stated Chief Judge Ralph M. Freeman in his opinion reported in 334 F.Supp. 774 (1971).

It is so ordered.