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MITCHELL v. HYGRADE WATER & SODA COMPANY

Nos. 16483, 16484.

285 F.2d 362 (1960)

James P. MITCHELL, Secretary of Labor, U. S. Department of Labor, Appellant, v. HYGRADE WATER & SODA COMPANY, a Corporation, Appellee. James P. MITCHELL, Secretary of Labor, U. S. Department of Labor, Appellant, v. PEPSI-COLA BOTTLERS OF ST. LOUIS, INC., a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

December 12, 1960.

Attorney(s) appearing for the Case

Jacob I. Karro and Judah Best, Attys., U. S. Dept. of Labor, Washington, D. C., for appellant. Harold C. Nystrom, Acting Sol. of Labor, and Bessie Margolin, Asst. Sol., U. S. Dept. of Labor, Washington, D. C., and B. Harper Barnes, Regional Atty., U. S. Dept. of Labor, Kansas City, Mo., were with Jacob I. Karro and Judah Best, Washington, D. C., on the brief.

Charles H. Rehm, of Dyer, Rehm & Weitzman, St. Louis, Mo., for appellees.

Before SANBORN, WOODROUGH, and MATTHES, Circuit Judges.

MATTHES, Circuit Judge.

The Secretary of Labor, refusing to be controlled by the teachings of the courts in Clougherty v. James Vernor Co., 6 Cir., 187 F.2d 288, certiorari denied 342 U.S. 814, 72 S.Ct. 28, 96 L.Ed. 616, and Tobin v. Double Cola Bottling Company (N.D. of Ga.1953), 23 Labor Cases 67,511,1 (not officially reported) instituted these actions against Hygrade Water & Soda Company, and Pepsi...

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