United States v. Northern Pac. Ry. Co.

BOURQUIN, District Judge.

These cases involve hours of service and operation of trains, respectively.

In the first is a motion for judgment on pleadings which disclose in the first count typical of seven, that the carrier permitted the dispatcher to remain on duty as follows: February 16, 1933, from 5 a. m. to 5:45 a. m. and from 8 a. m. to 4 p. m., and on the following day from 3 :30 a. m. to 4:20 a: m., or 9 hours and 35 minutes in the 24-hour, period from the beginning of duty as aforesaid. The dispatcher’s regularly recurring shifts began at 8 a. m. each day.

45 USCA § 62 provides that no…