TEXAS-OKLAHOMA EXPRESS, INC. v. UNITED STATES

No. 9-70.

429 F.2d 100 (1970)

TEXAS-OKLAHOMA EXPRESS, INC., and Lee Armstrong, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 2, 1970.


Attorney(s) appearing for the Case

Lloyd Scurlock, Fort Worth, Tex. (Clayte Binion, and Rawlings, Sayers & Scurlock, Fort Worth, Tex., with him on the brief), for appellants.

Richard A. Pyle, U. S. Atty., Muskogee, Okl., for appellee.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.


SETH, Circuit Judge.

The defendants were charged by information with a violation of a Regulation of the Department of Transportation promulgated under 18 U.S.C. § 834. The Regulation provides: "Motor vehicles transporting class A or class B explosives shall not be left unattended at any time during the course of transportation." 49 C.F.R. § 397.1(b) (1969).

Upon trial to the court without a jury the defendants were found guilty and fined. They have...

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