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PACIFIC MERCHANT SHIPPING ASS'N v. AUBRY

No. 89-55379.

918 F.2d 1409 (1990)

PACIFIC MERCHANT SHIPPING ASSOCIATION; American Institute of Merchant Shipping; Offshore Marine Service Association; Western Oil and Gas Association; Clean Seas, Plaintiffs-Appellees, v. Lloyd W. AUBRY, Jr., Labor Commissioner, Division of Labor Standards Enforcement, Department of Industrial Relations, State of California, Defendant-Appellant, v. TIDEWATER MARINE SERVICE, INC.; Western Boat Operators, Inc., Plaintiff/Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 13, 1990.

Attorney(s) appearing for the Case

H. Thomas Cadell, Jr., Dept. of Indust. Relations, San Francisco, Cal., for defendant-appellant.

Thomas E. Hill, Musick, Peeler & Garrett, Los Angeles, Cal., for plaintiffs-appellees.

Michael M. Johnson, McCuthen, Black, Verleger & Shea, Los Angeles, Cal., for plaintiff/intervenors-appellees.

John Schnitker, U.S. Dept. of Justice, Washington, D.C., for amicus, U.S.

Before BROWNING and PREGERSON, Circuit Judges, and COPPLE, District Judge.

PREGERSON, Circuit Judge:

Lloyd W. Aubry ("Aubry"), California's labor commissioner, enforced California's overtime pay laws against Clean Seas, an employer operating vessels off the California coast. Pacific Merchant Shipping Association and other shipping associations1 ("PMSA") brought suit in the district court on behalf of Clean Seas and other member companies, seeking declaratory and injunctive relief on the ground that California...

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