James P. Mitchell, Secretary of Labor, United States Department of Labor v. Oregon Frozen Foods Company and Ore-Ida Potato Products, Inc.

This action was brought by the Appellant to enjoin the Appellees from violating provisions of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.A. § 201 et seq. The facts, as found by the trial court, are set out in that Court’s opinion at 145 F.Supp. 157 .

The issue on appeal relates to the trial court’s holding that the “repackaging of bulk frozen corn and carrots after the active season ends and the mixing of frozen vegetable mix and the storing of frozen vegetables” are exempt under Section 207(b) (3) and 207(c) as acts being part of the first processing of perishable or seasonal fresh fruits or vegetables.

Pertinent provisions of Title 29, United States Code, are as follows:

A determination of what constitutes “first processing” depends upon the facts of each individual case. This question was resolved by the trial court’s finding, as to the products here in question, “that ‘first processing’ is completed when the products are packaged in consumer size packages even though delayed.”

It was for the trial court to appraise the evidence, both the agreed facts and the testimony presented, and to draw or reject inferences therefrom. The trial court is the finder of…