Exhibit 5 Willkie Farr & Gallagher LLP 787 Seventh Avenue New York, NY 10019 November 3, 2006 Mueller Industries, Inc. 8285 Tournament Drive Suite 150 Memphis, Tennessee 38125 Ladies and Gentlemen: We have acted as counsel to Mueller Industries, Inc. (the "Company"), a corporation organized under the laws of the State of Delaware, with respect to the Company's Registration Statement on Form S-8 (the "Registration Statement") to be filed by the Company with the Securities and Exchange Commission on or about November 3, 2006 in connection with the registration under the Securities Act of 1933, as amended (the "Act"), by the Company of 1,000,000 shares of common stock, par value $0.01 per share (the "Common Stock"), which are issuable upon the exercise of stock options granted or to be granted under the Mueller Industries, Inc. 2002 Stock Option Plan (the "Plan"). As counsel for the Company, we have examined, among other things, such Federal and state laws and originals and/or copies (certified or otherwise identified to our satisfaction) of such documents, certificates and records as we deemed necessary and appropriate for the purpose of preparing this opinion. Based on the foregoing, we are of the opinion that, when the Registration Statement has become effective under the Act, with respect to the shares of Common Stock to be originally issued, such shares when duly issued, sold and paid for in accordance with the terms of the Plan, will be legally issued, fully paid and non-assessable. We hereby consent to the filing of this opinion as an exhibit to the Registration Statement. In giving such consent, we do not hereby admit that we come within the category of persons whose consent is required under Section 7 of the Act or the rules and regulations of the Securities and Exchange Commission. This opinion is limited to the General Corporation Law of the State of Delaware and the federal laws of the United States of America. Very truly yours, /s/ Willkie Farr & Gallagher LLP