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UNITED STATES v. SOUTHERN PAC. CO.

No. 8868.

100 F.2d 984 (1939)

UNITED STATES v. SOUTHERN PAC. CO.

Circuit Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing February 14, 1939.

Attorney(s) appearing for the Case

Ben Harrison, U. S. Atty., and Francis C. Whelan, Ralph E. Lazarus, Asst. U. S. Attys., all of Los Angeles, Cal., and J. S. Hawley, Sp. Asst. to U. S. Atty., Interstate Commerce Commission, of Washington, D. C., for appellant.

W. I. Gilbert, of Los Angeles, Cal., A. G. Goodrich, of San Francisco, Cal., and W. I. Gilbert, Jr., of Los Angeles, Cal., for appellee.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

STEPHENS, Circuit Judge.

The United States instituted action against the Southern Pacific Company, a common carrier engaged in interstate commerce by railroad, to collect a penalty under the act of Congress known as the Safety Appliance Act, approved March 2, 1893 (27 Stat. 531), as amended by an act approved April 1, 1896 (29 Stat. 85), and as amended by an act approved March 2, 1903 (32 Stat. 943), 45 U.S.C.A. §§ 1 to 10, inclusive, and an order of the...

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