United States v. Atchison, Topeka & Santa Fe Railway Co.

OPINION AND ORDER

SCHNACKE, District Judge.

This is an action by the United States pursuant to 45 U.S.C. § 64a(a) to recover the statutory penalty for violation of 45 U.S.C. § 62(a)(1), a part of the federal Hours of Service Act, 45 U.S.C. §§ 61-64b, infra. It is before the Court on pross-motions for summary judgment. The United Transportation Union and the Brotherhood of Locomotive Engineers have filed briefs amicus curiae in support of plaintiff’s motion.

The facts are stipulated: Four employees of defendant went on duty on February 14, 1971, at Richmond, California. They operated one train…