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UNITED STATES v. PENNSYLVANIA R. CO.

Civ. A. No. 3264.

85 F.Supp. 556 (1949)

UNITED STATES v. PENNSYLVANIA R. CO.

United States District Court M. D. Pennsylvania.

August 16, 1949.

Attorney(s) appearing for the Case

Arthur A. Maguire, U. S. Atty, Scranton, Pa., Charles W. Kalp, Asst. U. S. Atty., Lewisburg, Pa., James O. Tolbert, Interstate Commerce Commission, Bureau of Safety, Washington, D. C., for plaintiff.

Nauman, Smith & Hurlock, Harrisburg, Pa., for defendant.

FOLLMER, District Judge.

This suit was instituted against the defendant under the Hours of Service Act, 45 U.S.C.A. §§ 61-64, alleging that it "required and permitted" five of its employees to remain on duty for a longer period than "sixteen consecutive hours" in the movement of its train "extra east drawn by its locomotive engine No. 1799" between East Altoona, Pennsylvania, and Troy, Pennsylvania. As to two employees, it is alleged the period was from...

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