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CAFETERIA & RESTAURANT WKRS. U., LOCAL 473 v. McELROY

No. 14689.

284 F.2d 173 (1960)

CAFETERIA AND RESTAURANT WORKERS UNION, LOCAL 473, AFL-CIO, et al., Appellants, v. Neil H. McELROY, Individually and as Secretary of Defense, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 14, 1960.

Attorney(s) appearing for the Case

Mr. Bernard Dunau, Washington, D. C., for appellants.

Asst. Atty. Gen. J. Wattes Yeagley, of the bar of the Supreme Court of Indiana, pro hac vice, by special leave of court, with whom Messrs. Leo J. Michaloski, Jerome L. Avedon, and Justin R. Rockwell, Attys., Dept. of Justice, were on the brief, for appellees. Mr. George B. Searls, Atty., Dept. of Justice, also entered an appearance for appellees.

Before PRETTYMAN, Chief Judge, and EDGERTON, WILBUR K. MILLER, BAZELON, FAHY, WASHINGTON, DANAHER, BASTIAN and BURGER, Circuit Judges.

PRETTYMAN, Chief Judge.

Rachel M. Brawner was a short-order cook — a "breakfast cook". In November, 1956, she worked in a cafeteria. Her duties were to prepare breakfast and lunch, attend the steam table, and wash dishes. She had been so employed for six and a half years. The cafeteria is located on Government property, the premises of the Naval Gun Factory. The land had been purchased by the United States in 1873. It is located in the District of Columbia...

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