UNITED STATES v. ATLANTIC COAST LINE R. CO.

Civ. No. 913-J.

68 F.Supp. 941 (1946)

UNITED STATES v. ATLANTIC COAST LINE R. CO.

District Court, S. D. Florida, Jacksonville Division.

November 27, 1946.


Attorney(s) appearing for the Case

Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and Edith House, Asst. U. S. Atty., of Jacksonville, Fla., for plaintiff.

Charles Cook Howell and Howell, McCarthy, Lane & Howell, all of Jacksonville, Fla., for defendant.

James O. Tolbert, Sp. Asst. to Atty. Gen., of Washington, D. C., for Government.


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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