District Court, D. Louisiana April 30, 1963, Civ. A. No. 12344, Division B (Bates v. Atkins)

ELLIS, District Judge.

It is an uncontroverted fact that at a .seven a. m. “shape-up” the defendant, William Atkins, was told to report to work for defendant, Ryan Stevedoring 'Company, Inc., at one o’clock p. m., November 29, 1961. It is further un-•controverted that during the interim the ■defendant, Atkins, was not subject to Ryan’s direction and control in any re.