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HODGSON v. TWIN CITY FOODS, INC.

No. 26425.

464 F.2d 246 (1972)

James D. HODGSON, Secretary of Labor, etc., Plaintiff-Appellant, v. TWIN CITY FOODS, INC., a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

July 10, 1972.

Attorney(s) appearing for the Case

Sylvia S. Ellison (argued), David A. Drachsler, Carin Ann Clauss, Bessie Margolin, Washington, D. C., Altero D. D'Agostini, San Francisco, Cal., Peter G. Nash, Solicitor of Labor, Washington, D.C.; Stan Pitkin, U. S. Atty., Seattle, Wash., Donald F. Rector, San Francisco, Cal., for plaintiff-appellant.

Bradley T. Jones (argued), of Davis, Wright, Todd, Riese & Jones, Seattle, Wash., for defendant-appellee.

Before HAMLIN, MERRILL and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge:

The Secretary of Labor brought this action under 29 U.S.C. § 217, to enjoin the defendant, a frozen food processor, from violating the overtime provisions of the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. The district court held that the activities in question were exempt from the Act's overtime requirements under 29 U.S.C. § 207(c) and (d), and refused to issue the injunction...

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