HOLTVILLE ALFALFA MILLS v. WYATT

No. 13723.

230 F.2d 398 (1955)

HOLTVILLE ALFALFA MILLS, Inc., a corporation, Appellant, v. R. R. WYATT, Felipe Alday et al., Appellees. R. R. WYATT, Felipe Alday et al., Appellants, v. HOLTVILLE ALFALFA MILLS, Inc., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

August 31, 1955.


Attorney(s) appearing for the Case

Moss, Lyon & Dunn, Los Angeles, Cal., James E. Marable, El Centro, Cal., for appellants.

James M. Hall, Los Angeles, Cal., William E. MacFaden, Redondo Beach, Patrick James Kirby, Los Angeles, Cal., for appellee.

Stuart Rothman, Solicitor, Bessie Margolin, Chief of Appellate Section, Joseph M. Stone, Atty., Dept. of Labor, Washington, D. C., Kenneth C. Robertson, Regional Atty., Dept. of Labor, San Francisco, Cal., amici curiae.

Before STEPHENS and FEE, Circuit Judges, and CLARK, District Judge.


JAMES ALGER FEE, Circuit Judge.

Certain employees of Holtville Alfalfa Mills brought action under the Fair Labor Standards Act for alleged overtime wages on account of work done for defendant. The defense is that the labor performed by each of these employees was agricultural in character and therefore plaintiffs were excepted from the provisions applying to industrial workers generally or fell under certain classifications relating to processing of agricultural products...

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