UNITED STATES of America, Appellant,
v.
ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, Appellee.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted December 15, 1977.
Decided March 1, 1978.
Rehearing Denied April 18, 1978.
Attorney(s) appearing for the Case
Joseph B. Moore, Asst. U. S. Atty., St. Louis, Mo., argued, for United States; Barry A. Short (former U. S. Atty.), St. Louis, Mo., of counsel.
Grady Cothen, Jr., Atty., Federal Railroad Administration, Dept. of Transp., Washington, D. C., argued for Federal Railroad Administration; Raymond K. James, Chief Counsel, J. Thomas Furphy, Asst. Chief Counsel, Barbara Betsock, Trial Atty., Federal Railroad Administration, Dept. of Transp., Washington, D. C., of counsel.
Donal Turkal, St. Louis-San Francisco Railway Co., St. Louis, Mo., argued, for appellee; Donald E. Engle and Thomas H. Mug, St. Louis, Mo., on brief.
Philip F. Welsh and R. Scott Gardner, Assn. of American Railroads, Washington, D. C., Richmond C. Coburn, Coburn, Croft, Shepherd & Herzog, St. Louis, Mo., on brief for amicus curiae, Assn. of American Railroads.
Lawrence M. Mann, Alper, Schoene, Horkan & Mann, Washington, D. C., John H. Haley, Jr., Haley, Fredrickson, Stubbs & Walsh, St. Louis, Mo., on brief for amicus curiae United Transportation Union.
Before LAY and BRIGHT, Circuit Judges, and SCHATZ, District Judge.
United States Court of Appeals, Eighth Circuit.
BRIGHT, Circuit Judge.
The United States brought this action against the St. Louis-San Francisco Railway Company (Frisco) seeking to recover civil penalties for violations of the [Railroad] Hours of Service Act (Act), 45 U.S.C. §§ 61-64b (1970). The district court entered a judgment of dismissal,1 and the United States brings this timely appeal. We affirm.
The parties stipulated...
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