FORT MASON FRUIT CO. v. DURKIN

No. 14725.

214 F.2d 363 (1954)

FORT MASON FRUIT CO. v. DURKIN, Secretary of Labor.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 2, 1954.


Attorney(s) appearing for the Case

Claude L. Gray, Orlando, Fla., James Hardin Peterson, Lakeland, Fla., Dorothea Watson, Orlando, Fla., for appellant.

Bessie Margolin, Chief of Appellate Lit. U. S. Dept. of Labor, Washington, D. C., Stuart Rothman, Solicitor, Joseph M. Stone, Attorney, United States Department of Labor, Washington, D. C., Beverley R. Worrell, Regional Attorney, Birmingham, Ala., for appellee.

Before STRUM and RIVES, Circuit Judges, and DAWKINS, District Judge.


DAWKINS, District Judge.

This is a companion case to Chapman v. Durkin, 5 Cir., 214 F.2d 360; and the issues are identical, with common counsel. Appellant was also engaged in "bird dog" operations of the citrus fruit industry in the State of Florida. It owned no farms or groves and its employees worked indiscriminately in gathering rejected fruit from the trees and in transporting it to bins...

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