UTAH COPPER CO. v. RAILROAD RETIREMENT BOARD

Nos. 2456, 2457.

129 F.2d 358 (1942)

UTAH COPPER CO. et al. v. RAILROAD RETIREMENT BOARD et al. NEVADA CONSOL. COPPER CORPORATION et al. v. SAME.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied August 11, 1942.


Attorney(s) appearing for the Case

C. C. Parsons, of Salt Lake City, Utah (Wm. M. McCrea, of Salt Lake City, Utah, and Elmer L. Brock, of Denver, Colo., on the brief), for appellants Utah Copper Co. and others.

C. C. Parsons, of Salt Lake City, Utah (W. Howard Gray, of Ely, Nev., and Elmer L. Brock, of Denver, Colo., on the brief), for appellants Nevada Consolidated Copper Corporation and others.

Lester P. Schoene, of Washington, D. C., for appellee Railroad Retirement Board.

Willard H. McEwen, of Toledo, Ohio (Royal R. Irwin, of Denver, Colo., and Frank L. Mulholland, Clarence M. Mulholland, and Mulholland, Robie & McEwen, all of Toledo, Ohio, on the brief), for appellees Railway Labor Executive's Ass'n and Brotherhood of Railroad Trainmen.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.


HUXMAN, Circuit Judge.

Number 2456 — Utah Copper Company et al. v. Railroad Retirement Board et al.

The questions presented in this appeal are whether certain employees of the Utah Copper Company, herein called the Copper Company, were employees since May 28, 1920, within the meaning of the Railroad Retirement Acts of 1935 and 1937, 49 Stat. 967, and 50 Stat. 307, 45 U. S.C.A. §§ 215-228 note and §§ 228a-228r, and therefore subject...

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