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MILLER v. E.I. DU PONT DE NEMOURS & CO.

No. 34841.

206 Okla. 488 (1952)

244 P.2d 810

MILLER v. E.I. DU PONT DE NEMOURS & CO.

Supreme Court of Oklahoma.

Rehearing Denied May 27, 1952.

Attorney(s) appearing for the Case

Fred W. Martin and G.F. Waggoner, Wagoner, Ernest Brown, Pryor, and Jack Rorschach, Vinita, for plaintiff in error.

J. Howard McGrath, Atty. Gen., of the United States; Newell A. Clapp, Acting Asst. Atty. Gen., of the United States; Whit Y. Mauzy, U.S. Atty., Northern District of Oklahoma (Enoch E. Ellison and Johanna M. D'Amico, Attys. Department of Justice, Washington, D.C. of counsel), for defendant in error.

O'NEAL, J.

This cause of action is based on an allegation that on the 11th day of September, 1941, the United States of America entered into a written contract with the E.I. du Pont de Nemours and Company, a corporation, for the construction and operation of a new ordnance facility near Choteau, Oklahoma. The contract provided that "The contractor shall compensate laborers and mechanics for all hours worked by them in excess of eight hours in any one calendar day...

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