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MITCHELL v. BEKINS VAN & STORAGE COMPANY

No. 14618.

231 F.2d 25 (1956)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. BEKINS VAN & STORAGE COMPANY, a Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

March 1, 1956.

Attorney(s) appearing for the Case

Stuart Rothman, Sol., Bessie Margolin, Asst. Sol., Sylvia S. Ellison, Eugene R. Jackson, Attys., Dept. of Labor, Washington, D. C., Kenneth C. Robertson, Regional Atty., Dept. of Labor, San Francisco, Cal., for petitioner.

Lucien Shaw, William French Smith, Gibson, Dunn & Crutcher, Los Angeles, Cal., for appellee.

Before STEPHENS, FEE and CHAMBERS, Circuit Judges.

CHAMBERS, Circuit Judge.

Bekins pays its employees at its Alameda warehouse in downtown Los Angeles on a basis of 48 hours per week without overtime for work in excess of 40 hours per week. The Secretary of Labor says this is wrong and seeks overtime pay for the employees at this one warehouse because of its high percentage of interstate business at this one place considered alone. Bekins replies that the Alameda warehouse is one of five scattered warehouses in downtown...

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