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GILL v. MESTA MACH. CO.

February 20, 1947

GILL et al.
v.
MESTA MALCH. CO.



The opinion of the court was delivered by: GIBSON

The court, after hearing and consideration, makes the following Findings of Fact and Conclusions of Law:

Findings of Fact

 1. Mesta Machine Company (hereinafter called the 'Company') is a corporation organized and doing business in the County of Allegheny, in the Borough of West Homestead, Pennsylvania, the principal business of which is the manufacture of steel mill equipment, including rolling mills and accessory equipment such as shears, roll lathes, grinders, accumulators, extrusion presses, and forge presses. (Complaint, Par. 3; Answer Par. 3, N.T. 58, 59.)

 2. In the process of manufacturing steel mill equipment, rolling mills, shears, grinders, accumulators, and presses, the Company has established a machine shop department, the purpose of which is to receive rough castings and forgings coming from the Company's foundry or forge shop, and machine the castings and forgings to certain drawing tolerances in preparation for final assembly. (N.T. 59, Defendant's Exhibit A.)

 3. Various departments or subdivisions of the machine department were established by the Company for its convenience and for the proper grouping of machine tools in separate units. Among such departments or subdivisions of the machine department customarily recognized, are the 280 foot Extension, the Upper End, the Small Aisle, the 900 foot Extension, the Lower End, the Ordnance Department -- Upper End and Lower End. (Defendant's Exhibit A, Defendant's Exhibit Z, N.T. 42-56.)

 4. During the periods hereinafter stated, the plaintiffs were salaried foremen and had as their primary duty the management of a department or subdivision of the machine department of the Company as follows:

 280 Foot Extension

 Edward J. Gill, July 1, 1941, to January 1, 1943.

 G. F. Ely, January 1, 1943, to June 28, 1945.

 Clinton O'Shell, January 1, 1944, to June 28, 1945.

 W. J. Mayer, January 1, 1944, to June 28, 1945. (N.T. 40, 48, 561, 291, 391, 261.)

 Upper End

 William Britton, July 1, 1941, to June 28, 1945.

 J. C. Hornfeck, January 1, 1942, to June 28, 1945. (N.T. 51, 414, 494, 261.)

 Small Aisle

 J. J. Schubert, October 1, 1940, to June 28, 1945.

 H. C. Carlson, January 1, 1939, to June 28, 1945.

 A. A. Petrichek, October 1, 1942, to June 28, 1945. (N.T. 53, 263, 267, 458, 176, 261.)

 900 Foot Extension

 Edward J. Gill, January 1, 1943, to June 28, 1945. (N.T. 55, 126, 146, 148, 261.)

 Lower End

 D. M. Wilson, January 1, 1944, to June 28, 1945. (N.T. 56, 234, 261.)

 Ordnance -- Lower End

 Walter Weir, January 1, 1942, to June 28, 1945.

 F. C. Menking, January 1, 1942, to June 28, 1945. (N.T. 57, 474, 424, 261.)

 Ordnance -- Upper End

 T. P. Daugherty, October 1, 1941, to June ...


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