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UNITED STATES v. SOUTHERN RAILWAY COMPANY

Civ. A. No. 7352.

206 F.Supp. 562 (1962)

The UNITED STATES of America, Plaintiff, v. SOUTHERN RAILWAY COMPANY, Defendant.

United States District Court N. D. Georgia, Atlanta Division.

May 9, 1962.

Attorney(s) appearing for the Case

Charles Goodson, U. S. Atty., and Slaton Clemmons, Asst. U. S. Atty., Atlanta, Ga., for plaintiff.

Greene, Neely, Buckley & DeRieux, Atlanta, Ga., for defendant.

HOOPER, Chief Judge.

The United States brings this action against defendant railway company for alleged violation of certain orders of the Interstate Commerce Commission.

Count One alleges violation of § 136.51 which provides that a track relay shall be in a deenergized position whenever

"a train, locomotive, or car occupies any part of a track circuit, including fouling section of turnout, except turnouts of a hand-operated main track crossover...

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