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MITCHELL v. KING PACKING COMPANY

No. 13540.

216 F.2d 618 (1954)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. KING PACKING COMPANY, a Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 10, 1954.

Attorney(s) appearing for the Case

Stuart Rothman, Sol., Dep. of Labor, Bessie Margolin, John J. Babe, Asst. Sols. Dept. of Labor, Sylvia S. Ellison, William A. Lowe, Dept. of Labor, Washington, D. C., Kenneth C. Roberton, Regional Atty., James F. Scott, Asst. Regional Atty., San Francisco, Cal., for appellant.

W. H. Langroise, W. E. Sullivan, Boise, Idaho, for appellee.

Before ORR and POPE, Circuit Judges, and YANKWICH, District Judge.

ORR, Circuit Judge.

King Packing Company, a corporation, hereafter King Packing, operates a meat packing plant near Nampa, Idaho. It employs twelve or fourteen knifemen on its killing floor and nine or ten in the cutting room. These employees are employed on a regular eight-hour shift, five days a week, with an hour off at noon and a five minute rest period both morning and afternoon. The men are compensated at hourly rates...

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