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UNITED STATES v. THOMPSON

No. 12826.

146 F.2d 475 (1944)

UNITED STATES v. THOMPSON.

Circuit Court of Appeals, Eighth Circuit.

December 26, 1944.

Attorney(s) appearing for the Case

Richard H. Musser, Asst. U. S. Atty., of Kansas City, Mo., and Leo Meltzer, Atty., Department of Justice, of Washington, D. C. (Tom C. Clark, Asst. Atty. Gen., Maurice M. Milligan, U. S. Atty., and Otto Schmid, Asst. U. S. Atty., both of Kansas City, Mo., and James O. Tolbert, Sp. Asst. to the U. S. Atty., and Irving Hill, Atty., Department of justice, both of Washington, D. C., on the brief), for appellant.

James A. Potter, of Jefferson City, Mo. (Thomas J. Cole, of St. Louis, Mo., and Ragland, Otto & Potter, of Jefferson City, Mo., on the brief), for appellee.

Before GARDNER, WOODROUGH, and JOHNSEN, Circuit Judges.

WOODROUGH, Circuit Judge.

This civil action was brought under the Hours of Service Act of March 4, 1907, entitled "An act to promote the safety of employés and travelers upon railroads by limiting the hours of service of employés thereon." 45 U.S.C.A. §§ 61-64. Sections 62 and 63 read, in part, as follows:

"62. Hours of service limited. It shall be unlawful for any common carrier, its officers, or agents, subject to sections 61-64 of this...

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