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JOSHUA HENDY CORPORATION v. MILLS

No. 11794.

169 F.2d 898 (1948)

JOSHUA HENDY CORPORATION v. MILLS. MILLS v. JOSHUA HENDY CORPORATION.

United States Court of Appeals Ninth Circuit.

As Amended on Denial of Rehearing October 11, 1948.

Further Rehearing Denied October 15, 1948.

Attorney(s) appearing for the Case

Thelen, Marrin, Johnson & Bridges, Samuel S. Gill and Robert H. Sanders, all of Los Angeles, Cal., for appellant Joshua Hendy Corporation.

Mohr & Borstein and Perry Bertram, both of Los Angeles, Cal., for appellant Louise E. Mills, etc.

Brobeck, Phleger & Harrison, Moses Lasky and Marion B. Plant, all of San Francisco, Cal., for Waterfront Employers Ass'n and San Francisco Employers' Council, amici curiae.

William S. Tyson, Sol., Bessie Margolin, Asst. Sol., Frederick U. Reel, and Irving M. Herman, Attys., U. S. Dept. of Labor, all of Washington, D. C., Herman Marx, Regional Atty., of San Francisco, Cal., for Administrator of Wage & Hour Div., U. S. Dept. of Labor, amicus curiae.

Green, Landye & Peterson and B. A. Green, all of Portland, Ore., for T. C. Potter, amicus curiae.

Before GARRECHT, MATHEWS and ORR, Circuit Judges.

ORR, Circuit Judge.

Appellee is the former wife and the present administratrix of the estate of Thomas C. Mills, deceased. Thomas C. Mills was, for a time, during his lifetime, employed by appellant as an engineer. During that employment he worked the day shift, also the graveyard shift. While working the day shift he was on duty 8½ hours. On the graveyard 7½ hours was the shift time. Mills was paid for 8 hours time on the day shift, leaving one-half hour...

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