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WAIALUA AGRICULTURAL CO. v. MANEJA

No. 13114.

216 F.2d 466 (1954)

WAIALUA AGRICULTURAL CO., Limited v. MANEJA et al.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 24, 1954.

Writ of Certiorari Granted November 8, 1954.

Attorney(s) appearing for the Case

Rufus G. Poole, Milton C. Denbo, Washington, D. C., Livingston Jenks, Anderson, Wrenn & Jenks, Ernest C. Moore, Jr., Pratt, Tavares & Cassidy, Honolulu, Hawaii, for appellant.

William S. Tyson, Sol., Bessie Margolin, Asst. Sol., William A. Lowe and Harold S. Saxe, Attys., Dept. of Labor, Washington, D. C., amicus curiae.

Richard Gladstein, Gladstein, Andersen & Leonard, San Francisco, Cal., for appellees.

Before HEALY, BONE, and FEE, Circuit Judges.

Writ of Certiorari Granted November 8, 1954. See 75 S.Ct. 111.

JAMES ALGER FEE, Circuit Judge.

This case must be reversed for error in approach. Waialua initiated the procedure by petition for declaratory judgment. The trial court, misled by the nature of the cause and the attitudes of the parties, decided the wrong issue.

The status of Waialua was tried out. It was contended by Waialua that it was engaged in agriculture, and therefore all of its employees...

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