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L-41-392

August 12, 1941

Mr. President and General Manager The Denver Union Stock Yard Company Denver,

Dear Sir:

I have your letter of July 8, 1941, inquiring as to the status of The Ogden Union Stockyards Company, the Stockyards Company, the feed yards at Green River, , and the feed yards at Rawlins, Wyoming, under the Railroad Retirement and Unemployment Insurance Acts. The following opinion is based on the information furnished in your letter of April 9, 1941.

You have stated that the feed yards at both Green River, Wyoming and Rawlins, Wyoming, are operated directly by The Denver Union Stock Yard Company as unincorporated units. Accordingly, the individuals employed at these yards are employees of The Denver Union Stock Yard Company, and since the latter, in its entirety, has been held to be an "employer" under the Railroad Retirement and Railroad Unemployment Insurance Acts, the services of the feed yard employees at Green River and Rawlins are covered by these Acts.

The Ogden Union Stockyards Company was incorporated in January, 1936,by The Denver Union Stock Yard Company which has always owned its entire capital stock. Since its incorporation, it has op­ erated a public stockyards at Ogden, , and has been posted with the Secretary of Agriculture as a public stockyards under the Packers and Stock Yards Act. It is the only public stockyards at Ogden. More than fifty per cent of the stock it handles is rail-borne stock in transit unloaded and loaded in accordance with the thirty-six hour law. Whether or not The Ogden Union Stockyards Company is a carrier by rail­ road subject to Part I of the Interstate Commerce Act, it is owned by a "carrier employer" and performs services in connection with the transportation of property by railroad or the receipt, delivery, trans­ fer in transit and handling of property transported by the railroad. It is, therefore, my opinion that The Ogden Union Stockyards Company is and has been an "employer" within the meaning of the Railroad Re­ tirement and Unemployment Insurance Acts since its organization. See my opinion re Portland Company, April 16, 1941.

The Idaho Stockyards Company was incorporated in January 1936 by The Denver Union Stock Yard Company and has been owned since President and General Manager that time completely by The Denver Union Stock Yard Company through The Ogden Union Stockyards Company. Since its incorporation it has operated a stockyard at Pocatello, Idaho. Most of the physical prop­ erty is owned by the but leased to the Idaho Stockyards Company. The majority of the time of its employees is devoted to the handling of railroad livestock in transit under the thirty-six hour law. A small livestock auction is also carried on there. Whether or not the Idaho Stockyards Company is a carrier by railroad, subject to Part I of the Interstate Commerce Act, it is owned by a "carrier employer" and performs services in connection with the transportation of property by railroad or the receipt, delivery, trans­ fer in transit and handling of property transported by railroad. It is, therefore, my opinion that the Idaho Stockyards Company has been an "employer" under the Railroad Retirement and Unemployment Insurance Acts since its organization. See my opinion on The Ogden Union Stock­ yards Company, ante. In order to determine the exact periods of coverage of The Ogden Union Stockyards Company and the Idaho Stockyards Company, please inform me of the dates of their incorporation.

In view of my opinions concerning The Ogden Union Stockyards Company and the Idaho Stockyards Company, these companies will receive, in due course, instructions regarding the filing of reports and the supplying of information required under the Acts.

Very truly yours,

General Counsel