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PLUMMER v. PENNSYLVANIA R. CO.

No. 4221.

37 F.2d 874 (1929)

PLUMMER v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied January 20, 1930.

Attorney(s) appearing for the Case

John McNutt, of Mattoon, Ill., for appellant.

Fred H. Kelly, of Mattoon, Ill., for appellee.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

ALSCHULER, Circuit Judge.

The action was brought under the first section of the "Adamson Act" (45 USCA § 65), to recover, by a railroad employé alleged to have been engaged in the operation of trains, for services rendered in excess of eight hours a day, for a period of over six years. The various counts of the declaration alleged, in words or in substance, that the plaintiff began his employment in January, 1921, "to ride and assist in the operation of...

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