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AEROMOTIVE METAL PRODUCTS INC., v. WIRTZ

No. 17935.

312 F.2d 728 (1963)

AEROMOTIVE METAL PRODUCTS, INC., Appellant, v. W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellee.

United States Court of Appeals Ninth Circuit.

January 14, 1963.

Attorney(s) appearing for the Case

George O. Bahrs and Robert J. Scolnik, San Francisco, Cal., for appellant.

Kenneth C. Robertson, Regional Atty., U. S. Dept. of Labor, San Francisco, Cal., Charles Donahue, Solicitor of Labor, Bessie Margolin, Associate Solicitor of Labor, Jacob I. Karro, Associate Solicitor of Labor, and Isabelle R. Cappello, Attorney, United States Department of Labor, Washington, D. C., for appellee.

Before POPE, BROWNING and DUNIWAY, Circuit Judges.

PER CURIAM.

Aeromotive Metal Products, Inc. appeals from a judgment in favor of the Secretary of Labor in an action brought under the provisions of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201 et seq. The judgment was on behalf of certain employees of appellant and is for unpaid wages and overtime compensation. The question is whether a fifteen minute mid-morning rest period must be counted as hours of employment and paid for as such.

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