GOURLEY, Chief Judge.
This is a proceeding by the United States of America against The Baltimore and Ohio Railroad Company to recover penalties for alleged violation of Section 2 of the Federal Safety Appliance Act, 45 U.S. C.A. § 9.
The Act, as it relates to the question before the Court, provides: "Whenever, as provided in sections 1-7 of this title, any train is operated with power or train brakes not less than 50 per centum of the cars in such train...
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