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HERTZ DRIVURSELF STATIONS v. UNITED STATES

Nos. 12939, 12940.

150 F.2d 923 (1945)

HERTZ DRIVURSELF STATIONS, Inc., v. UNITED STATES. ASHBAUGH v. SAME.

Circuit Court of Appeals, Eighth Circuit.

August 27, 1945.

Attorney(s) appearing for the Case

John Murphy, of Kansas City, Mo. (Henry M. Hogan and Harry Benjamin, both of New York City, and John T. Harding, David A. Murphy, and R. Carter Tucker, all of Kansas City, Mo., on the brief), for appellants.

Jerome Smith, Atty., U.S. Dept. of Labor, Maurice M. Milligan, U. S. Atty., and Otto Schmid, Asst. U. S. Atty., all of Kansas City, Mo., Douglas B. Maggs, Sol., U. S. Dept. of Labor, of Washington, D. C., Reid Williams, Regional Atty., U. S. Dept. of Labor, of Kansas City, Mo., and Joseph M. Stone, Atty., U. S. Dept. of Labor, of Washington, D. C., on the brief), for appellee.

Before GARDNER, JOHNSEN, and RIDDICK, Circuit Judges.

JOHNSEN, Circuit Judge.

Hertz Drivurself Stations, Inc., and Charles A. Ashbaugh, its branch manager at Kansas City, Missouri, were charged with wilful violations of section 15(a) (2) and (5) of the Fair Labor Standards Act of 1938, 52 Stat. 1068, 29 U.S.C.A. § 215(a) (2) and (5), in an information of 14 counts. They waived a jury and were tried to the court. Hertz, Inc., was convicted on counts 1, 2, 3 and 5. Ashbaugh was convicted on counts 1, 3 and 5. Each...

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