UNITED STATES CARTRIDGE CO. v. POWELL

No. 13663.

186 F.2d 611 (1951)

UNITED STATES CARTRIDGE CO. v. POWELL et al.

United States Court of Appeals Eighth Circuit.

June 23, 1951.


Attorney(s) appearing for the Case

R. H. McRoberts, Rhodes E. Cave and Marion S. Francis (of Bryan, Cave, McPheeters & McRoberts), all of St. Louis, Mo., for appellant.

Thomas Bond, St. Louis, Mo., for appellees.

William S. Tyson, Solicitor, Bessie Margolin, Asst. Solicitor, and William A. Lowe and E. Gerald Lamboley, Attys., Dept. of Labor, all of Washington, D. C., and Reid Williams, Kansas City, Mo., amici curiæ.

Before GARDNER, Chief Judge, and SANBORN, WOODROUGH, THOMAS, JOHNSEN, RIDDICK and COLLET, Circuit Judges.


COLLET, Circuit Judge.

In our original opinion, 195 F.2d 67, when we considered appellant's contention relating to Section 2 of the Portal-to-Portal Act, 29 U.S.C.A. § 252, we assumed that appellant was basing its argument that recovery could not be had for the periods of time involved upon the proposition alone that the proof presented was inadequate to support a recovery for payment for such periods of time. It was upon that assumption that we denied appellant...

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