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Thursday, April 4, 2013

[FBI Latest] Petty Woman II "Caller's'" Copyright in Support Actor Steve Martin

---------- Forwarded message ----------
From: guyperea <guyperea@gmail.com>
Date: Wed, 9 Mar 2011 11:58:37 -0800 (PST)
Subject: [FBI Latest] Petty Woman II "Caller's'" Copyright in Support
Actor Steve Martin
To: guyperea@gmail.com

Julie talking to cheech trying to find the ticket, with more sound in
the leaves he standing in at The Park entrance of Hollywood - "He's
wants his money"...., with a lost look on her face, all together losing
him over a -----dress recall - its like he love the dress and not me in
it - is there something wrong, cheech looking at the canyon. The recall
on some sick silk, ah silk isn't sick its the opium worm trying to find
out the owner so it doesn't get squash, you know if I was a worm, I'd
want to be with Japan, they have the Gushi girls and you know they can
really walk on your back, all the while his eyes are undressing her (do
a quick flash of shoulder down model undress - then have cheech do a
loney tune sugar shack off) - then he said very serious "you know your
in the middle of smuggling of opium silk worm - your friend is is a pin
in their royal family". Julie soft voice comes out - how would you
Know??, "I'm Here.... An then he walks out of the bushes to be closure
to him and say lets get some coffee, were both a .....; (the play out
at that time will take alot, since the so call world havn't understand
the "Dune" of the spice and the worm, for reason the rich know, in that
Play out until you the Director can see the worm spin the opium from
the flower, and the cut of the pod by the field hand, once you the
Director see that the shot is a "wrap"). The Hollywood Park is a old
track and most of the staff find their way (sometime or another) to the
stables (before one of the many burns)

to have coffee with the Horses in the Porter stables,
Build Sound Stage set
where Steve (Martin)

is seen and Julie begins a distance glow when the slow motion moves on
her as he runs his hand on the nick near the back up toward the eye to
see, if any drugs are being used, as he is the caller to the Judges to
the Track, also he calls the Race.... a Federal Agent, both for Army
and Navy of The Calvary (his badge is not seen, but a thread is on his
label that "wants to be brush off - but can't because its not there; ya
I know he said - if the horse's could they would brush me too"), the
Julie comfort begin ware some with Steve, but the slow motion of the
shot, pick some of her pre adult while learning how to show horse's,
that allow cheech to to slowly leave her eye gate. And her center of
view toward the Director for face details into curious and a warmth of
desire of his gentle approach to wordless of Julie near him "Steve" -
but not the little girl in "Steve's" weather show or "Chevy" swimming
pool undressing shot, a area of a College love, that hasn't been seen,
except close in "Come Saturday Morning" with "Liza", the line only you
the Director can find as all Judge. Once the line is done then she
shall leave "Steve" after a few (7) nights together into herself back
to the recall (that is to fall, that is to note further in before the
end and near when "Charlie" enters), then her next meeting into
relationship all shall see (but not in "Charlie"

his a passing Sports run) from the Director divide into another
Director of marriage with ------.... ( to assist in the wording going
back into the first Director and one of the 7 days travel with "Steve"
out of Burbank Airport on the way to Tokyo, Japan - then a call of
authority to the pilot of Drug turn and the airplane change course to
full multa [don't use to much legal here] jurisdiction as Ohio - and a
layover while they search from a hot tip of "cheech" and they find the
dress of silk lining and in turn Julie and Steve stay near the airport
on the Ohio River the in set already shown and the following Support
comes forward ---- break )))) to -- is where the law forward of all to
see allow the rights "Steve's discussion of Law with Julie 'on a nice
dress table with comfortable background sounds of the water and
prople' "Caller's' as myself is a old from of the old Teamsters, I'm
sure you remember Jimmy Hoffer - He advise checker (like today in
Racing [while he drag a cigarette] judges and purchaser) of nature to
items (The Horse like nature - as he catch her curves) - (items)
of 'Bodies' freight unloaded, such as the place of the rider and horse
(in the background play the song "a horse with no name" by America I
hold rights and such shall be release for standard second 5% hold) in
traffic - Oh come on - that is the worst line to after dinner desert I
ever heard. No its True its in Law lets see its like Cream [looking at
the Cream on the table] it its crean and a law case some Moran out of
New York in 1944 - so here I'm almost 60 years later ---- * Now I know
about your silk problem - she knocks over the coffee - We in Law call
it the "Berry Amendment" - Berry like a "Strawberry" - No (Now he's
sure in himself - as he drag another of his cigarette) - Its a
restriction for Defense (Business, contractors, or otherwise - She's
thinking of Richard (flash of area's of business dress and feel of
silk) to have woven silk or woven silk blends from foreign counties.
Now I that Law involving Jockey's and Horse Tattling that the big 225
age 48 that's how I remember the code, so ~ we have the full 7 days
together....She kept saying that's wrong over and over (He said look it
up and I'll go with you - when we layover in Los Angeles before going
to Tokyo, Japan - [for the locations and timing begin 7 days after
finding in Ohio and their exchange at the eater location, then he
supervise Her through the synopsis as he is the officer escort; in the
synopsis is from as we start in Ohio, to Los Angeles (a synopsis is
used to find the trail of the smuggling) then after the Law library
seen (use the Law Library at set Location Stanislaus County section
double inside like Los Angeles - use as the later shots of Homeless is
done in Stanislaus County Modesto California as traffic is less then
Los Angeles - a note at this time could be another Director for
Homeless as all shooting is done on location and no sound stage is
authorize, a list of authorize place shall come as the time warrant).
In final to this 1st Director Author to Direction of a Director and
addition to Steve - If I neglected to do my duty at the Race a Checker
of the "Judge" or even you would (In a true sense this is Julie Miranda
advisement - but under custody) or could get me removed ~ *Names shall
be change to match original score - but until then I the Author for
Copyright protection shall use actor (he~him, etc.etc.) name, etc.
etc., and or actress (she~her, etc.etc.) name, etc. etc. - upon
completion or about the name score shall be added to patent
full....______________________________________________________________________________________________________________________________________*Reference
and Public Lines for The Reader and Writer1935 copyright patent pending
1944; Copyright 1965 Pretty Woman 2011 Pretty Woman II57 F.Supp. 212Use
West Law to access and gain authorize sign on even if goes back to non
existence page or Fbi Latest such is counsel area of work - but Public
Act wording can be used in about Steve Martin script section

District Court, W.D. New York.
CREAN et al.
v.
M. MORAN TRANSP. LINES, Inc., et al.

Civil Action No. 1335.Aug. 15, 1944.

Action by James Crean and others against M. Moran Transportation Lines,
Inc., and Associated Transport, Inc., to recover overtime compensation
under the Fair Labor Standards Act of 1938.
Complaint dismissed.
See also, D.C., 50 F.Supp. 107; D.C., 54 F.Supp. 765.for other cites a
authorize sign on required


West Headnotes
[1] KeyCite Citing References for this Headnote

231H Labor and Employment
231HXIII Wages and Hours
231HXIII(B) Minimum Wages and Overtime Pay
231HXIII(B)6 Actions
231Hk2383 Evidence
231Hk2385 Presumptions and Burden of Proof
231Hk2385(5) Exemptions
231Hk2385(8) k. Other Particular Exemptions. Most Cited Cases
(Formerly 255k80(6) Master and Servant, 232Ak1517 Labor Relations)

In an action by employees of motor carrier for overtime compensation
under Fair Labor Standards Act, carrier has burden of proving that
employees are within exception applying to employees with respect to
whom Interstate Commerce Commission has power to establish
qualifications and maximum hours of service. Fair Labor Standards Act
of 1938, §§ 7(a)(3), 13(a)(1, 2), (b)(1, 2), 16(b), 29 U.S.C.A. §§
207(a)(3), 213(a)(1, 2), (b)(1, 2), 216(b); Interstate Commerce Act §
204, 49 U.S.C.A. § 304.
[2] KeyCite Citing References for this Headnote

231H Labor and Employment
231HXIII Wages and Hours
231HXIII(B) Minimum Wages and Overtime Pay
231HXIII(B)3 Exemptions
231Hk2285 Carriers
231Hk2290 Motor Carriers' Employees
231Hk2290(2) k. Duties Affecting Safety or Operation. Most Cited Cases
(Formerly 232Ak1241 Labor Relations, 255k69 Master and Servant)

An employee, who is exempt from wage and hour provisions of Fair Labor
Standards Act because he is within jurisdiction of Interstate Commerce
Commission under Motor Carriers Act, is one whose activities for a
substantial part of his time, as distinguished from a majority of his
time, affect safety of operation. Fair Labor Standards Act of 1938, §§
7(a)(3), 13(a)(1, 2), (b)(1, 2), 216(b), 29 U.S.C.A. §§ 207(a)(3),
213(a)(1, 2), (b)(1, 2), 216(b); Interstate Commerce Act § 204, 49
U.S.C.A. § 304.
[3] KeyCite Citing References for this Headnote

231H Labor and Employment
231HXIII Wages and Hours
231HXIII(B) Minimum Wages and Overtime Pay
231HXIII(B)3 Exemptions
231Hk2285 Carriers
231Hk2290 Motor Carriers' Employees
231Hk2290(3) k. Particular Employees in General. Most Cited Cases
(Formerly 232Ak1242 Labor Relations, 255k69 Master and Servant)

Dockmen, consisting of callers and wheelers, employed by a motor
carrier, who are engaged for a substantial portion of their time in
activities affecting safety of motor carrier's operation, are exempt
from wage and hour provisions of Fair Labor Standards Act. Fair Labor
Standards Act of 1938, Secs. 7(a)(3), 13(a)(1, 2), (b)(1, 2), 16(b), 29
U.S.C.A. 207(a)(3), 213(a)(1, 2), (b)(1, 2), 216(b); Interstate
Commerce Act Sec. 204, 49 U.S.C.A. 304.
[4] KeyCite Citing References for this Headnote

361 Statutes
361VI Construction and Operation
361VI(A) General Rules of Construction
361k213 Extrinsic Aids to Construction
361k219 Executive Construction
361k219(6) Particular Federal Statutes
361k219(7) k. Interstate Commerce; Motor Carriers. Most Cited Cases
(Formerly 361k219)

The interpretations of the Interstate Commerce Commission of the scope
of jurisdiction of commission over employees of motor carrier under the
Motor Carrier Act of 1935 are entitled to great weight in determining
whether such employees are exempt from Fair Labor Standards Act. Fair
Labor Standards Act of 1938, §§ 7(a)(3), 12(a)(1, 2), (b)(1, 2), 16(b),
29 U.S.C.A. §§ 207(a)(3), 213(a)(1, 2), (b)(1, 2), 216(b); Interstate
Commerce Act § 204, 49 U.S.C.A. § 304.
[5] KeyCite Citing References for this Headnote

231H Labor and Employment
231HXIII Wages and Hours
231HXIII(B) Minimum Wages and Overtime Pay
231HXIII(B)3 Exemptions
231Hk2285 Carriers
231Hk2290 Motor Carriers' Employees
231Hk2290(2) k. Duties Affecting Safety or Operation. Most Cited Cases
(Formerly 232Ak1242 Labor Relations, 255k69 Master and Servant)

Checkers, callers, and wheelers, whose duties included proper loading
and unloading of motor carriers, inspection of physical condition of
trailers, labeling of shipments designated by Interstate Commerce
Commission as dangerous, and removal of leaking packages, were engaged
in activities affecting safety of operation of motor carriers and were
exempt from wage and hour provisions of Fair Labor Standards Act. Fair
Labor Standards Act of 1938, §§ 7(a)(3, 13(a)(1, 2), (b)(1, 2), 16(b),
29 U.S.C.A. §§ 207(a)(3), 213(a), (1, 2), (b)(1, 2), 216(b); Interstate
Commerce Act, § 204, 49 U.S.C.A. § 304; Cr.Code § 232 et seq., 18
U.S.C.A. § 382 et seq.
*213
(Cite as: 57 F.Supp. 212, *213)Israel Rumizen, of Buffalo, N.Y., for
plaintiffs.

Mortimer Allen Sullivan, of Buffalo, for defendants.



KNIGHT, District Judge.
This action is brought by certain employees of the defendants who seek
to recover compensation under Section 16(b) of the Fair Labor Standards
Act of 1938, 29 U.S.C.A. § 216(b), popularly known as the Wage and Hour
Law. Associated Transport, Inc., acquired M. Moran Transportation
Lines, Inc., in or about December, 1942.
Section 7(a)(3) of the Fair Labor Standards Act, 29 U.S.C.A. §
207(a)(3), provides:
'No employer shall, except as otherwise provided in this section,
employ any of his employees who is engaged in commerce or in the
production of goods for commerce' for a work week longer than certain
designated hours, 'unless such employee receives compensation for his
employment in excess of the hours above specified at a rate not less
than one and one half times the regular rate at which he is employed.'
This Court is now to determine whether or not plaintiffs' employment
comes within the exceptions of Section 13(a)(1, 2), (b)(1, 2) of the
Act, 29 U.S.C.A. § 213(a)(1, 2), (b)(1, 2). Section 13(b)(1) provides:
'The provisions of section 7 shall not apply with respect to (1) any
employee with respect to whom the Interstate Commerce Commission has
power to establish qualifications and maximum hours of service pursuant
to the provisions of section 204 of the Motor Carrier Act, 1935.'
[1] Upon previous motions in this case I have decided that the burden
of proof is on the defendant employer to establish whether or not the
plaintiffs come within the exception to the Act.
Whether these employees are exempted from the Wage and Hour Law's
provisions depends upon the nature of their work or employment. When
that is determined, then the question of the applicable statute is
determined.
[2] In United States v. American Trucking Associations Inc., 310 U.S.
534, 60 S.Ct. 1059, 84 L.Ed. 1345, the word 'employees' within section
204(a)(1, 2) of the Motor Carrier Act, 49 U.S.C.A. § 304(a)(1, 2), was
limited to mean those employees whose activities affect safety of
operation. However, a substantial part of the employee's time must be
devoted to the exercise of the duties and activities which affect the
safety of operation of the employer's motor trucks in interstate
commerce. 'By substantial is not meant a majority of the time.' Ex
parte No. MC-2, 28 M.C.C. 125; Kosofsky v. Champion Trucking Co., Inc.,
181 Misc. 470, 43 N.Y.S.2d 5.
Plaintiffs were employed at defendant's Buffalo Trucking Terminal
as 'callers,' 'wheelers' and 'checkers' during the period from October
24, 1938, to December 15, 1942. The men are in fact dock men at
defendant's terminal in Buffalo. In brief the work of each is that
the 'callers' unload incoming semi-trailers and truck bodies of their
freight, while the 'wheelers' load the outgoing semi-trailers and
bodies. The 'checkers' work with the way bills or bills of lading and
their function was to check the shipments for breakage, correctness in
the number of packages or cartons in each individual shipment, direct
the movement of freight on the loading dock for further shipment or
local delivery as the case might be. They were also charged with noting
the condition of the bodies as regards their condition and whether
repairs were needed, and to the responsibility of seeing that so-called
dangerous shipments (termed dangerous by the I.C.C.) bore the proper
label.
[3] [4] 'Callers' and 'wheelers' are within the exception to the Act
and cannot recover. In Ex parte No. MC-2, supra, findings of fact and
conclusions of law were made respecting various types of trucking
company employees by the Interstate Commerce Commission. Amongst those
considered were 'loaders', and the term as used therein was defined
as 'loaders, dockmen, or helpers * * * whose sole duties are to load
and unload motor vehicles and transfer freight between motor vehicles
and between the vehicles and the warehouse.' The Commission concluded
with a finding of fact (finding number 2) that loaders, 'devote a large
part of their time to activities which directly affect the safety of
operation of motor vehicles in interstate or foreign commerce.' The
interpretations of the Interstate Commerce Commission are entitled to
great weight, United States v. American Trucking Associations, supra,
and we shall follow them here. Employees who load and unload trucks
engaged in interstate commerce are not covered by the *214
(Cite as: 57 F.Supp. 212, *214)Fair Labor Standards Act so far as hours
of labor are concerned. Tinerella v. Des Moines Transportation Co.,
D.C., 41 F.Supp. 798.
The testimony introduced at the trial is the best indication as to the
true duties of these men.
Pages 195, 196:
'Q. But there are frequent occasions on which the ships (articles in
shipment) are of such a size it takes the whole gang? A. Well, yes.'
'Q. And the whole gang includes you, (the checker) the so-called caller
and the wheelers? A. Yes, sir.'
Nor can there be any doubt but what the checker himself is instrumental
in the loading of these truck-trailers. Again we turn to the testimony
of the case:
'Q. (Pg. 277) * * * He (checker) has the right to do anything he
pleases, he runs the gang? A. Yes, sir.'
'Q. (Pg. 617) * * * Who does control the loading with respect to
weights of those trucks when they are being loaded? A. The checker.'
'Q. (Pg. 631) Who is in charge, direct charge, immediate charge of the
loading of the equipment at the Moran Terminal in Buffalo? A. The
checkers are.'
'Q. (Pgs. 640, 641) When the manager was reprimanded (when poorly
loaded) what was he supposed to do?
'Q. (By the Court) What instructions were given with regard to the
reprimand? A. Of course, the first thing would be to investigate who
loaded the unit. That could be done either by checking the bills,
because the checker's name would be on there, or by checking the
checker's tonnage report, and when they developed who it was, he
reprimanded the checker and explained to him the circumstances or the
condition that it was loaded in and where it was improper, and to use
corrective measures in the future. If by any chance he (checker) blamed
it on a two-wheeler * * * '
'Q. (By the Court) You mean if the checker blamed the two-wheeler? A.
It was never taken as any alibi for the checker was the boss and it was
his responsibility to see the two-wheeler was properly instructed and
that he was watched to see that it was loaded properly.'
'Q. (Pg. 449) Now, Mr. Hays, aside from his duty of making checks on a
piece of paper, what else does the checker do? A. The checker is
entirely responsible for his men, that is to say, he must see that the
freight is handled and put in the right bodies, that it is stowed
properly, that it doesn't damage other freight, and the case of these
dangerous articles that we have been talking about, that they are
handled properly and stowed where they belong. He is also charged with
seeing that the freight is not loaded in such a fashion that it is
going to cause damage or injury to any of the employees or to the other
freight and when it is pulled away from the dock that it doesn't tip
over * * * .'
'Q. (Pg. 463) Incidentally, isn't it the duty of the checker to do
that, to save the light (freight) for the top and put the heavy
(freight) on the bottom? A. Yes, sir.
'Q. Does that have to do with the safety of operation? A. Yes, sir.
'Q. Does it make any difference what part of the truck you put heavy
freight or big pieces of freight? A. Definitely. We have had instances
where trailers have collapsed right out on the road because they were
loaded in the center of the body and not loaded right through, and we
have had to send a crane to pick it up.'
'Q. (Pg. 470) Now, then, this information as to the condition of the
stowing that appears there, who is responsible for that information
there? (Referring to Defendant's exhibit G- Checker's tonnage form) A.
The checker.'
'Q. (Pg. 535) Do you mean to say the checker actually goes into the
body and places the goods there? A. There is nothing to prevent him
from doing that. It is his duty to see that it is properly stowed. If
his men can't do it themselves, and he can't see it is done, then he
must go in there.'
[5] From the foregoing testimony it can be adduced that
the 'callers,' 'wheelers' and 'checkers' are all engaged in seeing that
semi-trailers are properly loaded for the highway. Under Ex parte No.
MC-2, supra, these men are engaged in such loading which affects the
safety of operation of the vehicle.
However, above and beyond the loading of these trailers for the road,
these men have the duty of inspecting the condition of the vehicles for
broken floors, sides, etc.
'Q. (Pg. 303) Regardless of what you may have said here on direct
examination *215
(Cite as: 57 F.Supp. 212, *215)in response to Mr. Rumizen's questions,
do you still say right now that it wasn't your duty to make any
inspection or have any responsibility with respect to the condition of
the floor of these bodies? A. Well, I don't believe I ever made one of
them out.
'Q. When you were a checker, you made these things out? (Referring to
defendant's Exhibit G- Checker's tonnage report) A. I had to, as to the
condition of the floor and the tarps.
'Q. Was it part of your duty to do that? A. Yes, sir.
'Q. And you say now that it was part of your duty, and you didn't do
it? A. I neglected to do it.
'Q. But it was your duty to report on the floor of these trucks? A.
Yes, to call the attention of the foreman to that.'
'Q. (Pg. 305) One of the duties of the callers, of course, was that
they make an inspection of the physical- a physical inspection of it
and then call the checker's attention to it, wasn't it. A. Yes.'
'Q. It was part of his duty then? A. I suppose it was; yes.'
'Q. And you as a breaker, called the checker's attention to it if he
didn't see it, didn't you? A. Well, I would tell him there were holes
in the floor; that's about all.'
'Q. Well, you would tell him about the holes in the roof, too, wouldn't
you? A. Yes, the tarps.'
'Q. (Pg. 575) Then the checker, as well as the caller and the stower,
would be an inspector of that? (Defects in trailer) A. Yes, sir.'
'Q. (Pg. 715) (To night boss) Do you go in and inspect the bodies to
see if they are in good condition? A. I generally went by what my
checkers reported on their checking sheets.'
Thus the testimony shows that there was a duty on plaintiffs to make an
inspection of the physical condition of defendant's bodies before they
went out on the highway. The physical condition of the trailer affects
safety of operation and, therefore, those who make this inspection in
turn are engaged in an activity which affects safety of operation.
The third ground upon which this Court finds that these plaintiffs are
engaged in the safety of operation concerns the labels placed upon
certain shipments which the Interstate Commerce Commission has
designated as dangerous articles. 41 Stat. 1444, as amended, 18
U.S.C.A. § 382 et seq. Undoubtedly many of these goods in transit are
readily recognizable as dangerous, such as carboys of acid and storage
batteries, but Congress in its wisdom has decreed that certain articles
are to have placed on them various colored stickers which by their
label and color can be readily identified as dangerous. Often these
labels come off in shipment or possibly through neglect or oversight
they are not placed on the carton in the first place.
'Q. (Pg. 440) I will ask you whether or not sometimes a shipper may put
on labels on the shipments or packages (of dangerous articles) and fail
to put it on his shipping order? A. Yes, sir.
'Q. And how do we find out about that when that happens, or what do we
do, or what are the people supposed to do about it? A. When the checker
gets the shipping order there is no notation as to the kind of label
and the caller handles the freight and the label is on the freight, he
tells the checker about it. That is one example. The other is, if the
label is not on the freight and is on the shipping order then the
checker applies both. He instructs one of his men to get a label and he
puts it on the shipping order.
'Q. That is, he doesn't put the label on the shipping order? A. No, he
puts a notation.'
Correlated with this is the removal of leaking packages from the
semi-trailer body.
'Q. (Pg. 138) I ask you, what do you do if you find any leaking
packages, particularly leaking packages of dangerous articles with
these labels on them? A. (By checker) Make a report on it.'
'Q. (Pg. 217) Are you the fellow who caused them (leaking containers)
to be taken out? Who determines that they are to be taken out of the
body and not loaded on the body when they are found leaking? A. I do.
'Q. Who calls your attention to the fact that they are leaking? Does
the breaker call your attention to that fact? A. If they are leaking he
does.
'Q. If he sees them is it his duty to call it to your attention? A.
Yes, he calls my attention to it if it is leaking, yes.
*216
(Cite as: 57 F.Supp. 212, *216)'Q. You may also notice that it is
leaking yourself, or you may get your notice through him? A. That is
right.'
'Q. (Pg. 301) What about leaky packages that had labels on them; what
did you do with those as a breaker? A. We took them outside the body
and let them drip off the dock.
'Q. You did this as a protection against leaving them in the loads? A.
We had to take them out.
'Q. You know that there are safety rules of the Interstate Commerce
Commission respecting leaky cartons, don't you? A. Yes, sir.
'Q. And you know that it is required by law that you remove those from
the load? A. We always did.
'Q. And those were part of your duties, to do that, as caller wasn't
it? A. That is correct.
'Q. So that no leaky articles of a dangerous nature was in the load
going out on the highway? A. That could be determined by the stower,
too. Like going out in the terminal, if it was broke, the stower would
take it out and put it on the dock.
'Q. * * * And do you notify the checker, like the checker testified
here? A. Yes, we call the attention of him, to it.'
There was also testimony as to the amount of dangerous articles shipped
by the defendant. There is some dispute as to the amount, but there can
be no doubt that with defendant's volume of business that there was a
large amount of dangerous articles handled, and it is probable that
enough were handled so that it is the usual rather than the unusual to
handle dangerous articles daily.
In their union contract with defendant, plaintiffs are all
termed 'dockmen.'
I am aware of the decision in Ispass v. Pyramid Motor Freight Corp.,
D.C., 54 F.Supp. 565, but I believe in view of the facts shown herein
and the decision in Ex parte No. MC-2, supra, and United States v.
American Trucking Association, supra, that this Court should now make
its decision without awaiting possible action before the Interstate
Commerce Commission.
Therefore, the following Findings of Fact are made:
1. 'Callers' are employed in such a way that their work is that of
unloading the trailer bodies and advising the checker of the nature.
They actually handle freight.
2. 'Wheelers' actually load the freight on the outgoing bodies.
3. The loading and unloading of these vehicles affects the safety of
operation of the vehicles upon the highway.
4. 'Checkers' directly supervise the actual loading and unloading, as
well as counting the freight and reporting overage or underage in the
shipments.
5. It is a duty upon all of them, that is, the 'checkers,' 'callers'
and 'wheelers' to report physical defects and need for repair to the
trailer body.
6. It is the direct duty of the 'checker' to place labels on all
unlabeled dangerous shipments, and it is the duty of the 'callers'
and 'wheelers' to advise the 'checkers' when labels are seen to be
missing.
7. It is a duty of the 'checkers', 'callers' and 'wheelers' to remove
broken and leaking shipments from the body to prevent these dangerous
articles from coming into contact with other freight.
8. It is the duty of the 'checker' to properly distribute the incoming
freight for proper and expedient reshipment.
9. The 'checkers', 'callers' and 'wheelers' all devote a substantial
amount of their time to these operations.
10. All of these operations directly affect the safety of operation of
the vehicles upon the highway and in interstate commerce.
Therefore, it is concluded that the plaintiffs cannot recover, since
they are within the type embraced by the exception in Section 13(a) of
the Act, and the Complaint must be dismissed.
D.C.N.Y. 1944.
CREAN v. M. MORAN TRANSP. LINES
57 F.Supp. 212

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Agent Jodie Foster; Department of Veterans Affairs Director George H.W. Bush
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(Supreme Law of The Land) The Constitution of The United States "Any thing
in The Constitution or Laws of any State to the Contrary Notwithstanding"
Contrary to Law (of an act or omission) illegal;
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