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GALVIN v. NATIONAL BISCUIT CO.

No. 21533.

177 F.2d 963 (1949)

GALVIN et al. v. NATIONAL BISCUIT CO.

United States Court of Appeals Second Circuit.

Decided November 28, 1949.

Attorney(s) appearing for the Case

Herman E. Cooper, New York City, for plaintiffs-appellants; Irving Rozen, New York City, counsel.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for defendant-appellee; S. Hazard Gillespie, Jr., and Edward J. McGratty, Jr., New York City, counsel.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.

PER CURIAM.

This appeal essentially involves considerations which were before the court in the companion case of Genuth et al. v. National Biscuit Company, 2 Cir., 177 F.2d 962. A different set of employees of defendant, National Biscuit Company, is here involved, and the plaintiffs seek to differentiate the Genuth case, supra, on the ground that there was a custom at the plant to pay for portal-to-portal activities as well as a contract...

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