Diven v. North American Refractories Co.

Fetterhoof, P. J.,

Warren Diven, an employe of the North American Refractories Company, defendant, brought this action in assumpsit to recover “premium wages at double time rates” for work performed for defendant, “on the seventh consecutive working day in the regularly scheduled work weeks” from October 1, 1942, to July 15, 1945.

Plaintiff in his statement of claim predicated his action on Executive Order No. 9240, signed by the President of the United States September 9,1942, and amended under Executive Order No. 9248, September 17, 1942, effective October 1, 1942. Under paragraph one said…