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MAGMA COPPER COMPANY, SAN MANUEL DIVISION v. EAGAR

No. 19777.

380 F.2d 318 (1967)

MAGMA COPPER COMPANY, SAN MANUEL DIVISION, a corporation, Appellant, v. Stephen R. EAGAR, Ray F. Stephens, James V. Mork, and Levi D. Jaramillo, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 31, 1967.

Attorney(s) appearing for the Case

Ralph B. Sievwright, Twitty, Sievwright & Mills, Phoenix, Ariz., for appellant.

JoAnn D. Diamos, U. S. Atty., William J. Knudsen, Jr., Asst. U. S. Atty., Phoenix, Ariz., John W. Douglas, Asst. Atty. Gen., Morton Hollander, Atty., Edward Berlin, Atty., Civ. Div., Dept. of Justice, Washington, D. C., for appellee.

Before CHAMBERS, Chief Circuit Judge, MADDEN, Judge of the Court of Claims, and KOELSCH, Circuit Judge.

KOELSCH, Circuit Judge.

Invoking Section 9 of the Universal Military Training and Service Act of 1948, 50 U.S.C. War App., § 459, plaintiffs brought this suit against the Magma Copper Company to recover holiday and vacation pay which they assert is due them.

Magma's employees were entitled to such pay under a series of contracts entered into between Magma and International Union of Mine, Mill & Smelter Workers, which represented the employees. The...

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