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MENGELKOCH v. INDUSTRIAL WELFARE COMMISSION

No. 23997.

442 F.2d 1119 (1971)

Velma L. MENGELKOCH, Mary Fazzio, and Dea C. Kaskela, as citizens of the United States and of the State of California, on their own behalf and on behalf of all other citizens of the State of California similarly situated, Appellants, v. INDUSTRIAL WELFARE COMMISSION, and North American Aviation, Inc., a corporation, Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 26, 1971.

As Amended on Denial of Rehearing May 3, 1971.

Attorney(s) appearing for the Case

Syliva S. Ellison (argued); Caruthers G. Berger (argued), Washington, D.C., Evelyn E. Whitlow, Los Angeles, Cal., for appellants.

Stephen E. Tallent (argued), of Gibson, Dunn & Crutcher, Los Angeles, Cal., Edward M. Belasco (argued), Jay S. Linderman, Deputy Attys. Gen., Thomas C. Lynch, Atty. Gen., San Diego, Cal., Evelle J. Younger, Atty. Gen. of Cal., Los Angeles, Cal.; B. Franklin Walker, Deputy Atty. Gen., San Francisco, Cal., for appellees.

Before BARNES, HAMLEY and CARTER, Circuit Judges.

HAMLEY, Circuit Judge:

Velma L. Mengelkoch and two other female employees of North American Aviation, Inc., brought this action for injunctive and declaratory relief against that company and Industrial Welfare Commission (Commission), an agency of the State of California. Suing on behalf of themselves and all female employees in similar employment throughout California, they seek an adjudication that section 1350 of the Labor Code of the State of California is invalid...

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