United States Cartridge Co. v. Powell

COLLET, Circuit Judge.

In our original opinion, 185 F.2d 67, when we considered appellant’s contention relating to Section 2 of the Portal-to-Portal Act, 29 U.S.C.A. § 252, we assumed that appellant was 'basing its argument that recovery could not be had for the periods of time involved upon the proposition alone that the proof presented was inadequate to support a recovery for payment for such periods of time. It was upon that assumption that we denied appellant’s contention and held that the evidence w¡is sufficient to support a finding that the periods of time in question were compensable…