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UNITED BISCUIT COMPANY OF AMERICA v. WIRTZ

No. 18489.

359 F.2d 206 (1965)

UNITED BISCUIT COMPANY OF AMERICA, Appellant, v. W. Willard WIRTZ, Secretary of Labor, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided November 19, 1965.

Petitions for Rehearing Denied January 20, 1966.

Certiorari Denied June 6, 1966.

Attorney(s) appearing for the Case

Mr. Ralph Earle, II, Philadelphia, Pa., of the Bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of court, with whom Mr. William J. Curtin, Washington, D. C., was on the brief, for appellant. Mr. Richard C. Hotvedt, Washington, D. C., also entered an appearance for appellant.

Mr. Robert V. Zener, Atty., Dept. of Justice, with whom Asst. Atty. Gen. John W. Douglas, Messrs. David C. Acheson, U. S. Atty., at the time the brief was filed, and Sherman L. Cohn, Atty., Dept. of Justice, were on the brief, for appellees.

Mr. Howard Lichtenstein, New York City, filed a brief on behalf of the National Biscuit Company, as amicus curiae, urging reversal.

Before BAZELON, Chief Judge, and WASHINGTON and WRIGHT, Circuit Judges.

Petitions for Rehearing En Banc and before the Division Denied January 20, 1966.

Certiorari Denied June 6, 1966. See 86 S.Ct. 1861.

WASHINGTON, Circuit Judge:

This action challenges the validity of a determination by the Secretary of Labor that appellant United Biscuit Company violated the overtime provisions of the Walsh-Healey Public Contracts Act, 49 STAT. 2036 (1936), as amended, 41 U.S.C. §§ 35-45 (1958).

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