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HODGSON v. STOKELY-VAN CAMP, INC.

No. 71-1685.

469 F.2d 668 (1972)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Appellant, v. STOKELY-VAN CAMP, INC., a corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 8, 1972.

Rehearing Denied December 22, 1972.

Attorney(s) appearing for the Case

John H. Secaras, Atty., U. S. Dept. of Labor, Washington, D. C., for appellant.

Herbert C. Snyder, Jr., Indianapolis, Ind., for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, MEHAFFY, Circuit Judge, and DENNEY, District Judge.

DENNEY, District Judge.

In this suit, the Secretary of Labor seeks to enjoin the defendant, Stokely-Van Camp, Inc., from violating the overtime and shipping provisions of the Fair Labor Standards Act, 29 U.S.C.A. §§ 201 et seq.

The suit involves the employees of Stokely at its Fairmont, Minnesota, plant, where fresh vegetables are frozen and packaged. During the harvesting season, when fresh produce is being received, Stokely employs approximately...

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