UNITED STATES v. NEW YORK CENT. R. CO.

Civ. A. No. 3341.

64 F.Supp. 499 (1946)

UNITED STATES v. NEW YORK CENT. R. CO.

District Court, D. Massachusetts.

January 15, 1946.


Attorney(s) appearing for the Case

Edmund J. Brandon, U. S. Atty., and Alfred G. Malagodi, Asst. U. S. Atty., both of Boston, Mass., for plaintiff.

George H. Fernald and Louis Kofsky, both of Boston, Mass., for defendant.


FORD, District Judge.

The United States sues the defendant railroad under the Hours of Service Act (hereinafter referred to as the "Hours Act"), 45 U.S.C.A. §§ 61-64 in two counts. The complaint alleges that the defendant, in December 1944, in violation of the Act permitted a telegrapher (Section 62) employed by it to be and remain on duty for a period of twelve hours during a twenty-four-hour period.

The defendant in its answer admits it did require...

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