ATWELL, Chief Judge.
The court having assessed two penalties of $100 each, against the defendant for the violation of the Safety Appliance provision, 45 U.S.C.A. § 1 et seq., at the recent San Angelo court, the defendant sought a new trial on the ground that the Secretary of the Army of the United States was not a party to the suit.
The second ground was because the defendant was engaging in a switching operation, and not in the movement of a train.<...
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