Legal Opinion

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. 26425PublishedCited by 2 opinions

1Opinion of the Court

DUNIWAY, Circuit Judge:

The Secretary of Labor brought this action under 29 U.S.C. § 217, to enjoin the defendant, a frozen food processor, from violating the overtime provisions of the Fair Labor Standards Act, 29 U. S.C. §§ 201 et seq. The district court held that the activities in question were *247exempt from the Act’s overtime requirements under 29 U.S.C. § 207(c) and (d), and refused to issue the injunction. The Secretary appeals and we affirm.

FACTS

Defendant is engaged in processing fresh vegetables, operating a plant at Ellensburg, Washington, at which harvested fresh produce is cleaned,…

2Cases cited8 opinions

  1. Opp Cotton Mills, Inc. v. Administrator of the Wage & Hour Division of the Department of LaborSupreme Court of the United States · 1941
  2. Southern Garment Mfrs. Ass'n v. FlemingCourt of Appeals for the D.C. Circuit · 1941
  3. W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Osceola Farms CompanyCourt of Appeals for the Fifth Circuit · 1967
  4. Mitchell v. Oregon Frozen Foods Co.District Court, D. Oregon · 1956
  5. Libby, McNeill & Libby v. James P. Mitchell, Secretary of Labor, United States Department of LaborCourt of Appeals for the Fifth Circuit · 1958

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3Cited by2 opinions

  1. James D. Hodgson, Secretary of Labor, Etc. v. Twin City Foods, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1972
  2. James D. Hodgson, Secretary of Labor, United States Department of Labor v. Stokely-Van Camp, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1972

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