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WALLING v. ALASKA PACIFIC CONSOL. MIN. CO.

No. 10905.

152 F.2d 812 (1945)

WALLING, Adm'r of Wage and Hour Division, U. S. Dept. of Labor, v. ALASKA PACIFIC CONSOL. MIN. CO.

Circuit Court of Appeals, Ninth Circuit.

December 19, 1945.

Attorney(s) appearing for the Case

Douglas B. Maggs, Sol., U. S. Dept. of Labor, Wage & Hr. Div., and Bessie Margolin, Asst. Sol., both of Washington, D. C., Dorothy M. Williams, Regional Atty., and Joseph M. Stone, Atty., both of San Francisco, Cal., for appellant.

James R. Gates and V. A. Montgomery, both of Seattle, Wash., for appellee.

Before DENMAN, BONE, and ORR, Circuit Judges.

ORR, Circuit Judge.

At the time the Fair Labor Standards Act of 19381 became effective, appellee, hereinafter referred to as the Company, put in operation a so-called split shift plan. Appellant, hereinafter referred to as the Administrator, challenging the legality of said plan, brought an action in the District Court seeking to enjoin the Company from operating thereunder. The injunction was refused and the Administrator appeals.

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