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MENGELKOCH v. INDUSTRIAL WELFARE COMMISSION

Civ. No. 66-1618-S.

284 F.Supp. 950 (1968)

Velma L. MENGELKOCH, Mary Fazzio, and Dea C. Kaskela, as citizens of the United States and of the State of California on their own behalf and on behalf of all other citizens of the State of California similarly situated, Plaintiffs, v. INDUSTRIAL WELFARE COMMISSION, and North American Aviation, Inc., a corporation, Defendants.

United States District Court C. D. California.

May 10, 1968.

Attorney(s) appearing for the Case

Phill Silver, Hollywood, Cal., and Philip Poppler, Long Beach, Cal., subsequently, Evelyn E. Whitlow, Los Angeles, was substituted as counsel for plaintiff Velma L. Mengelkoch.

Thomas C. Lynch, Atty. Gen., B. Franklin Walker, Jr. and William L. Zessar, Deputy Attys. Gen., for defendants Industrial Welfare Commission and Division of Industrial Welfare.

Gibson, Dunn & Crutcher, Los Angeles, for defendant North American Aviation, Inc.

Before JERTBERG, Circuit Judge, and STEPHENS and GRAY, District Judges.

OPINION AND ORDER ON MOTION TO DISSOLVE THREE-JUDGE COURT

STEPHENS, District Judge.

This is an action brought for declaratory and other appropriate relief pursuant to the Civil Rights Act of 1964.

Plaintiffs, three female employees of defendant North American Aviation, Inc., are suing to have Section 1350 of the California Labor Code (a maximum hours for women law), declared unconstitutional as violating the Equal Protection Clause of the 14th Amendment...

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