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ATCHISON, ETC. RY. v. UNITED STATES

No. 273.

269 U.S. 266 (1925)

46 S.Ct. 109

70 L.Ed. 268

ATCHISON, TOPEKA & SANTA FE RY. CO. v. UNITED STATES.

Supreme Court of United States.

Decided November 30, 1925.

Attorney(s) appearing for the Case

Mr. Edward C. Craig, with whom Messrs. Homer W. Davis, John G. Drennan, Nelson J. Wilcox and J.A. Connell were on the brief, for petitioner.

Mr. Blackburn Esterline, Assistant to the Solicitor General, with whom Solicitor General Mitchell was on the brief, for the United States.

MR. JUSTICE HOLMES delivered the opinion of the Court.

This is an action brought by the United States to recover penalties for alleged violation of the Hours of Service Act of March 4, 1907, c. 2939, § 2; 34 Stat. 1415. The case was tried by a Judge under a stipulation waiving a jury. Rev. Stats. § 649, 700. He found the defendant railroad company liable, subject to an exception to his refusal to rule that there was no evidence to warrant a recovery. The...

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