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UNITED STATES v. DETROIT, T. & I.R. CO.

No. 15080.

315 F.2d 802 (1963)

UNITED STATES of America, Plaintiff-Appellee, v. DETROIT, TOLEDO & IRONTON RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

April 18, 1963.

Attorney(s) appearing for the Case

Frederick C. Nash, Detroit, Mich. (Frederick C. Nash, Bodman, Longley, Bogle, Armstrong & Dahling, Detroit, Mich., on the brief), for appellant.

Robert F. Ritzenhein, Detroit, Mich. (Lawrence Gubow, U.S. Atty., Robert F. Ritzenhein, Asst. U.S. Atty., Detroit, Mich., Thomas H. O'Leary, Sydney Brodie, Attys., Dept. of Justice, Henry L. Hilzinger, Atty., Interstate Commerce Commission, Washington, D.C., on the brief), for appellee.

Before CECIL, Chief Judge, WEICK, Circuit Judge, and WILLIAM E. MILLER, District Judge.

WEICK, Circuit Judge.

The United States filed its complaint in the District Court against Detroit, Toledo & Ironton Railroad Company to recover a penalty alleging that the railroad violated the Hours of Service Act, 45 U. S.C. §§ 61-64 by allowing one of its trainmen, Donald W. Baden, to work more hours than the statute permitted. The case was tried by the District Judge, without a jury resulting in a judgment in favor of the Government for $500 from...

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