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MILLER v. MISSISSIPPI & S. V. R. CO.

Nos. 11002, 11003.

146 F.2d 550 (1945)

MILLER v. MISSISSIPPI & S. V. R. CO. OAKLEY v. SAME.

Circuit Court of Appeals, Fifth Circuit.

January 18, 1945.

Attorney(s) appearing for the Case

Phil Stone, of Oxford, Miss., and Walter P. Armstrong, of Memphis, Tenn., for appellants.

W. I. Stone, of Coffeeville, Miss., and Edward P. Russell, of Memphis, Tenn., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

Appellants R. Miller and J. L. Oakley by separate petitions sued Mississippi and Skuna Valley Railroad Company for pay for work done as locomotive engineers in excess of eight hours per day, relying on the provisions of the so-called Adamson Eight Hour Act, 39 Stat. 721, 45 U.S.C.A. § 65. The defendant pleaded that it was excepted, as an independently owned railroad less than 100 miles long, from the provisions of the Act, and that the...

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