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McCOMB v. HUNT FOODS

No. 11685.

167 F.2d 905 (1948)

McCOMB, Administrator of Wage and Hour Division, U. S. Department of Labor, v. HUNT FOODS, Inc.

Circuit Court of Appeals, Ninth Circuit.

April 14, 1948.

Attorney(s) appearing for the Case

William S. Tyson, Sol., Bessie Margolin, Asst. Sol., Morton Liftin, and Sidney S. Berman, Attys., U. S. Dept. of Labor, all of Washington, D. C., and Herman Marx, Regional Atty., of San Francisco, Cal., for appellant.

Clarissa Shortall, of San Francisco, Cal., for appellee.

H. Thomas Austern, of Washington, D. C., for National Canners Ass'n, amicus curiæ.

Before GARRECHT, DENMAN, and BONE, Circuit Judges.

BONE, Circuit Judge.

This is an appeal from a judgment of the district court in an action under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The facts and the legal issues involved are fully discussed in the opinion of the lower court.1

The issues here are clearly and concisely presented in the briefs of the parties. Appellant says the question is

"Whether the defendant's operations with respect...

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