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UNITED STATES v. ATLANTIC COAST LINE R. CO.

No. 5393.

153 F.2d 243 (1946)

UNITED STATES v. ATLANTIC COAST LINE R. CO.

Circuit Court of Appeals, Fourth Circuit.

January 8, 1946.

Attorney(s) appearing for the Case

Henry H. Edens, Asst. U. S. Atty., of Columbia, S. C., and Leo Meltzer, Atty., Department of Justice, of Washington, D. C. (Theron L. Caudle, Asst. Atty. Gen., Claud N. Sapp, U. S. Atty., of Columbia, S. C., and James O. Tolbert, Sp. Asst. to U. S. Atty., of Washington, D. C., on the brief), for appellant.

Douglas McKay, of Columbia, S. C. (Thomas W. Davis, of Wilmington, N. C., and Douglas McKay, Jr., of Columbia, S. C., on the brief), for appellee.

Before SOPER and DOBIE, Circuit Judges, and HAYES, District Judge.

HAYES, District Judge.

The United States brought this action against the defendant to recover penalties under the Hours of Service Act, 45 U.S. C.A. §§ 61-64, alleging sixty separate violations during the period of December 1 to 30, 1943, inclusive, for permitting two telegraphers to work 12 hours each on each day during that period.

The trial court found that an emergency existed during that period which permitted each employee to work twelve hours...

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