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UNITED STATES v. BALTIMORE & O. R. CO.

No. 5031.

133 F.2d 831 (1943)

UNITED STATES v. BALTIMORE & O. R. CO.

Circuit Court of Appeals, Fourth Circuit.

February 13, 1943.

Attorney(s) appearing for the Case

James O. Tolbert, Sp. Asst. to U. S. Atty., of Washington, D. C. (Bernard J. Flynn, U. S. Atty., and T. Barton Harrington, Asst. U. S. Atty., both of Baltimore, Md., on the brief), for appellant.

John S. Stanley, of Baltimore, Md. (Allen S. Bowie, Roger A. Clapp, and Hershey, Donaldson, Williams & Stanley, all of Baltimore, Md., on the brief), for appellee.

Before PARKER and DOBIE, Circuit Judges, and HAYES, District Judge.

DOBIE, Circuit Judge.

This is a civil action brought by the United States (upon the instigation of the Interstate Commerce Commission) against the Baltimore & Ohio Railroad Company (hereinafter called B. & O.) to recover penalties for alleged violations by B. & O. of the Hours of Service Act (hereinafter called the Act), 45 U.S.C.A. §§ 61-64.

The individual employees here in question were two extra yardmasters in the Westbound Yard of...

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