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WELCH CO. v. NEW HAMPSHIRE

No. 295.

306 U.S. 79 (1939)

H.P. WELCH CO. v. NEW HAMPSHIRE.

Supreme Court of United States.

Decided January 30, 1939.

Attorney(s) appearing for the Case

Mr. Robert W. Upton for appellant.

Messrs. Dudley W. Orr and John E. Benton, with whom Mr. Thomas P. Cheney, Attorney General of New Hampshire, was on the brief, for appellee.

By leave of Court, Messrs. Clyde S. Bailey and John E. Benton filed a brief on behalf of the National Association of Railroad and Utilities Commissioners, as amicus curiae, in support of appellee.

MR. JUSTICE BUTLER delivered the opinion of the Court.

A statute of New Hampshire1 declares unlawful the operation on its roads of motor vehicles for specified transportation by drivers who have been continuously on duty for more than 12 hours. By this appeal we are called on to decide whether, as applied in this case, §§ 3, 4, and 8 are repugnant to the equal protection clause of the Fourteenth Amendment, and whether §...

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