DeVANE, District Judge.
This is a civil action brought under the so-called Hours of Service Law, 45 U.S. C.A. §§ 61-64. The pertinent portion of this law applicable to the facts of this case is the latter portion of Section 62 dealing with the service of train dispatchers, etc., which reads as follows: "* * * Provided, That no operator, train dispatcher, or other employee who by the use of the telegraph or telephone dispatches, reports, transmits, receives...
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