ELLIS, District Judge.
It is an uncontroverted fact that at a seven a. m. "shape-up" the defendant, William Atkins, was told to report to work for defendant, Ryan Stevedoring Company, Inc., at one o'clock p. m., November 29, 1961. It is further uncontroverted that during the interim the defendant, Atkins, was not subject to Ryan's direction and control in any respect, but was, rather, free to pursue any occupation or recreation at his pleasure. It is still further...
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