v0845-679
/o
United States Circuit Court of Appeals,
Ninth Circuit.
Northern Pacific Railway Company/
a corporation, plaintiff in error,
United States of America, defendant
in error.
No. 2343.
BRIEF AND ARGUMENT FOR DEFENDANT IN ERROR.
STATEMENT OF CASE.
This suit was brought by the United States against
the Northern Pacific Railway Company to recover
penalties for violations of the act of Congress, com-
monly known as the Federal hours of service law (34
Stat. L., 1415). The complaint is in 2 counts, each
charging a violation of the statute in that the de-
fendant required and permitted one of its employees
to remain on duty for a longer period than 16
consecutive hours, the period of consecutive service
being 24 hours and 30 minutes in the case of Fireman
- Drew, and 24 hours and 20 minutes in the case of
Fireman V. Jenson. The former was alleged to have
been on duty at and between stations of Missoula,
Mont., and Avon, Mont., and to have been engaged in
2848814 1
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