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VICEROY GOLD CORP. v. AUBRY

No. C-93-4116-VRW.

858 F.Supp. 1007 (1994)

VICEROY GOLD CORPORATION, a Delaware Corporation, Plaintiff, v. Lloyd W. AUBRY, Jr., as Director of the Department of Industrial Relations for the State of California, and Victoria Bradshaw, as Labor Commissioner for the State of California, in their Official capacities only; and California State Department of Industrial Relations, Division of Labor Standards Enforcement, inclusive, Defendants.

United States District Court, N.D. California.

July 21, 1994.

Attorney(s) appearing for the Case

Miles E. Locker, State of California, Dept. of Indus. Relations, Div. of Labor Standards Enforcement, Legal Section, San Francisco, CA, for defendants.

Charles S. Birenbaum, Scott L. Gardner, Thomas M. McInerney, Thelen, Marrin, Johnson & Bridges, San Francisco, CA, for plaintiff.

ORDER

WALKER, District Judge.

Plaintiff Viceroy Gold Corporation ("Viceroy") operates a gold processing facility in San Bernardino County called the Castle Mountain Mine ("Castle Mountain"). Castle Mountain is a non-union mine employing workers who operate equipment to recover gold ore from rock. The ore processing is performed by complex machinery utilizing a substantially automated procedure. Witt Decl in Supp at ¶¶ 4-6.

Castle Mountain...

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