United States v. St. Louis-San Francisco Railway Company

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 all of the facts, which we summarize. At 6:00 a. m. on November 16, 1973, the four-member crew of Frisco Train No. 822 reported for duty at the crew’s “home” terminal, namely, Chaffee, Missouri. The train departed…