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MITCHELL v. OREGON FROZEN FOODS COMPANY

No. 15579.

264 F.2d 599 (1959)

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.

September 24, 1958.

Attorney(s) appearing for the Case

Stuart Rothman, Solicitor, Bessie Margolin, Asst. Solicitor, Sylvia S. Ellison, Lawrence P. Hochberg, Attys., Dept. of Labor, Washington, D. C., Kenneth C. Robertson, Regional Atty., Dept. of Labor, San Francisco, Cal., C. E. Luckey, U. S. Atty., Portland, Or., for petitioner.

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

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

PER CURIAM.

The petition for rehearing assumes that this Court has followed an incorrect approach and has held that the findings of the trial court were affirmed because not found clearly erroneous. We take our stand firmly upon the findings of fact and the able opinion of the District Judge, which clearly interprets the statute in the light of the facts so found. Mitchell v. Oregon Frozen Foods Company, 145 F.Supp. 157, 162-163...

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