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UNITED STATES v. N.Y. CENTRAL R.R. CO.

No. 285.

212 U.S. 509 (1909)

29 S.Ct. 313

53 L.Ed. 629

UNITED STATES v. NEW YORK CENTRAL AND HUDSON RIVER RAILROAD COMPANY.

Supreme Court of United States.

Decided February 23, 1909.

Attorney(s) appearing for the Case

Mr. Henry L. Stimson, with whom Mr. Assistant Attorney General Ellis was on the brief, for plaintiff in error.

Mr. Austen G. Fox, with whom Mr. John D. Lindsay and Mr. Albert H. Harris were on the brief, for defendant in error.

MR. JUSTICE DAY delivered the opinion of the court.

This proceeding is here under the act of March 2, 1907, c. 2564, 34 Stat. 1246, permitting the Government to bring to this court a case where the court below sustains a demurrer to the indictment, in which the judgment involves the construction of a Federal statute upon which the indictment is founded.1 The indictment to which the demurrer was...

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