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MITCHELL v. OREGON FROZEN FOODS COMPANY

No. 15579.

254 F.2d 116 (1958)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. OREGON FROZEN FOODS COMPANY and Ore-Ida Potato Products, Inc., Appellees.

United States Court of Appeals Ninth Circuit.

April 16, 1958.

Attorney(s) appearing for the Case

Stuart Rothman, Solicitor, Bessie Margolin, Asst. Sol., Sylvia S. Ellison, Lawrence P. Hockberg, Attorneys, Department of Labor, Washington, D. C., Kenneth C. Robertson, Regional Attorney, Department of Labor, San Francisco, Cal., C. E. Luckey, U. S. Atty., Portland, Or., for appellant.

Gallagher & Gallagher, Martin P. Gallagher, Ontario, Or., for appellees.

Before FEE and CHAMBERS, Circuit Judges, and CHASE A. CLARK, District Judge.

CHASE A. CLARK, District Judge.

This action was brought by the Appellant to enjoin the Appellees from violating provisions of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. § 201 et seq. The facts, as found by the trial court, are set out in that Court's opinion at 145 F.Supp. 157.

The issue on appeal relates to the trial court's holding that the "repackaging of bulk frozen corn and carrots after the...

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