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KERR'S CATERING SERVICE v. DEPARTMENT OF INDUS. REL.

Docket No. S.F. 20617.

57 Cal.2d 319 (1962)

369 P.2d 20

19 Cal. Rptr. 492

KERR'S CATERING SERVICE, Plaintiff and Respondent, v. THE DEPARTMENT OF INDUSTRIAL RELATIONS et al., Defendants and Appellants.

Supreme Court of California. In Bank.

February 19, 1962.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, and Preble Stolz, Deputy Attorney General, for Defendants and Appellants.

Leon E. Gold, Pauline Nightingale, Samuel S. Berman, Harold G. Stearn and Charles P. Scully as Amici Curiae on behalf of Defendants and Appellants.

Spruance, Simonian & Pretzer and Arthur L. Pretzer for Plaintiff and Respondent.

Brobeck, Phleger & Harrison and Alvin L. Rockwell as Amici Curiae on behalf of Plaintiff and Respondent.

WHITE, J.

Defendants appeal from a summary judgment in favor of plaintiff Kerr Catering Service holding a certain order of defendant Industrial Welfare Commission unconstitutional and void.

Plaintiff is in the industrial catering business. It maintains a fleet of trucks which are sent out on regular routes to various business and industrial establishments. Each truck is driven by a woman employee who also sells sandwiches...

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