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UNITED STATES v. ROSSETTI BROS., INC.

No. 193, Docket 81-1202.

671 F.2d 718 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. ROSSETTI BROTHERS, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 3, 1982.

Attorney(s) appearing for the Case

James M. Farrell, Burlington, Vt., for defendant-appellant.

Sheila M. Ware, Asst. U. S. Atty., Rutland, Vt. (Jerome F. O'Neill, U. S. Atty., Peter W. Hall, Asst. U. S. Atty., Rutland, Vt., on the brief), for plaintiff-appellee.

Before NEWMAN and KEARSE, Circuit Judges, and DALY, District Judge.

PER CURIAM:

The question before us is whether 49 U.S.C. § 11914(b) (Supp. III 1979) prescribes the penalty for an employer who permits an employee's consecutive hours of driving a motor vehicle to exceed the maximum number permitted by regulations set out at 49 C.F.R. § 395.3(a) and (b) (1980). Appellant, a beverage distributor which operates as a private motor carrier within the meaning of the Interstate Commerce Act, as amended, 49 U.S.C. § 1,

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