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IN RE CHICAGO, M., ST. P. & PAC. R. CO.

No. 60463.

27 F.Supp. 685 (1939)

In re CHICAGO, M., ST. P. & PAC. R. CO.

District Court, N. D. Illinois, E. D.

May 3, 1939.

Attorney(s) appearing for the Case

John B. Tansil, U. S. Atty., and Roy F. Allan, Asst. U. S. Atty., for District of Montana, both of Butte, Mont., and William J. Campbell, U. S. Atty., and H. N. Connaughton, Asst. U. S. Atty., for Northern District of Illinois, both of Chicago, Ill., for claimant, United States of America.

O. W. Dynes, C. S. Jefferson, and C. R. Sutherland all of Chicago, Ill., for trustees of property of debtor.

WILKERSON, District Judge.

The claim of the United States is based on a judgment of the District Court of Montana for $100 and costs entered in a suit brought for violation of the Safety Appliance Act (45 U.S.C., sections 1 to 10, inc., 45 U.S.C.A. §§ 1-10). The violation occurred on April 25, 1935, prior to the filing of the petition herein.

The trustees object to the allowance of the penalty portion of the judgment on the ground that it is prohibited...

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