Legal Opinion · Dissent
James D. Hodgson, Secretary of Labor, Etc. v. Twin City Foods, Inc., a Corporation
Court of Appeals for the Ninth Circuit
Decided July 10, 1972No. 26425Published
1DissentMerrill, Circuit Judge
(dissenting) :
At issue is the power of the Secretary, by regulation, to define those fresh fruit and vegetable industries qualifying under either 29 U.S.C. § 207(c) or § 207(d) as not including “operations performed in connection with fresh fruits and vegetables which have been frozen * * * or otherwise changed so that they are no longer perishable or in their raw or natural state.”
By this definition employees engaged in operations upon frozen foods are in an “industry” distinct from those engaged in operations upon fresh fruits or vegetables.1 Thus an industry line may bisect a single…
2Cases cited5 opinions
- Gray v. PowellSupreme Court of the United States · 1941
- Albert S. Craig v. Far West Engineering Company, Inc., a Corporation, Far West Engineering Company, Inc., a Corporation v. Albert S. CraigCourt of Appeals for the Ninth Circuit · 1959
- Mitchell v. BuddSupreme Court of the United States · 1956
- Mitchell v. Oregon Frozen Foods Co.District Court, D. Oregon · 1956
- James P. Mitchell, Secretary of Labor, United States Department of Labor v. Oregon Frozen Foods Company and Ore-Ida Potato Products, Inc.Court of Appeals for the Ninth Circuit · 1958