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MITCHELL v. FEINBERG

No. 88, Docket 23464.

236 F.2d 9 (1956)

James P. MITCHELL, Secretary of Labor, Plaintiff-Appellee, v. Meyer FEINBERG, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 31, 1956.

Attorney(s) appearing for the Case

Benjamin Cooper, New York City, for defendant-appellant.

Stuart Rothman, Solicitor, Bessie Margolin, Asst. Sol., Harry A. Tuell, Attorney, U. S. Dept. of Labor, Washington, D. C., John A. Hughes, Regional Attorney, New York City, for plaintiff-appellee.

Before MEDINA, HINCKS and WATERMAN, Circuit Judges.

PER CURIAM.

We think our decision in Mitchell v. Hartford Steam Boiler Inspection & Ins. Co., 2 Cir., 235 F.2d 942, requires a modification of the judgment below. The facts are stated in Judge Galston's opinion below, 123 F.Supp. 899.

It is true that under the Feinberg contract, an employee may receive greater compensation, in terms of hourly rates, for weeks in which he works four...

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