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RISS & COMPANY v. UNITED STATES

No. 16005.

262 F.2d 245 (1958)

RISS & COMPANY, Inc., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

December 31, 1958.

Attorney(s) appearing for the Case

Lester M. Bridgeman, Washington, D. C. (A. Alvis Layne, Jr., Washington, D. C., John L. Harlan, St. Louis, Mo., and Ivan E. Moody, Kansas City, Mo., were with him on the brief), for appellant.

Harry F. Horak, Atty., Interstate Commerce Commission, Kansas City, Mo. (Harry Richards, U. S. Atty., St. Louis, Mo., was with him on the brief), for appellee.

Before JOHNSEN, VOGEL and MATTHES, Circuit Judges.

MATTHES, Circuit Judge.

Pursuant to authority of § 204(a) of the Interstate Commerce Act, as amended 49 Stat. 546, 49 U.S.C.A. § 304(a), the Interstate Commerce Commission promulgated certain motor carrier safety regulations. Section 195.4 thereof, 49 C.F.R. § 195.4 (1949 Ed., 1952 Sup.) dealing with maximum driving time for operators of motor carriers subject to the act, provides that except under conditions with which we are not here concerned, "no...

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