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UNITED STATES v. ATCHISON, TOPEKA & SANTA FE RAILWAY CO.

Civ. No. 7376.

302 F.Supp. 393 (1969)

UNITED STATES of America, Plaintiff, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant.

United States District Court D. New Mexico.

August 12, 1969.

Attorney(s) appearing for the Case

Victor R. Ortega, U. S. Atty., Ruth C. Streeter, Asst. U. S. Atty., Albuquerque, N. M., for plaintiff.

James T. Paulantis, Iden & Johnson, Albuquerque, N. M., for defendant.

MEMORANDUM OPINION

BRATTON, District Judge.

This is an action against the defendant Atchison, Topeka and Santa Fe Railway Company filed pursuant to the Hours of Service Act, 45 U.S.C. §§ 61-64. The complaint alleges that the defendant violated the act by requiring or permitting one of its brakemen to remain on duty for seventeen and one-half hours and asks judgment of $500.00 against the defendant.

The defendant claims that the delay that...

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