Irwin v. Clark

400 F.2d 882 3 A.L.R.Fed. 670 Sidney L. IRWIN, Ray Lester Long, Sherrill Long, Alan Duane Luther, Melvin Long, Wayne King and Harry Edward Allen, Appellants, v. Bob CLARK, d/b/a Oilfield Vacuum Service, Appellee. No. 22042. United States Court of Appeals Ninth Circuit. Sept. 11, 1968, Certiorari Denied Jan. 27, 1969, See 89 S.Ct. 715 . 1 Thomas R. Davis (argued), of DiGiorgio, Davis, Nairn, Hastin & Klein, Bakersfield, Cal., for appellants. 2 Wm. A. Quinlan (argued), of Doty, Quinlan & Kershaw, Fresno, Cal., for appellee. 3 Before ELY and CARTER, Circuit Judges, and SMITH, * District Judge. 4 RUSSELL E. SMITH, District Judge. 5 We have for review a judgment of the district court denying in large part plaintiffs' claims for compensation under the Fair Labor Standards Act. The dispute involves the question of whether waiting time for which the plaintiffs were not paid, is working time which must be compensated. 6 The findings of the district court are not attacked on this appeal as being without support in the evidence. From them it appears: Defendant was engaged in the oil field servicing business. Plaintiffs were employed as truck drivers. Defendant's business was somewhat…