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UNITED STATES v. ATCHISON, TOPEKA AND SANTA FE RY. CO.

Civ. No. 366-61-TC.

205 F.Supp. 589 (1962)

UNITED STATES of America, Plaintiff, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant.

United States District Court S. D. California, Central Division.

May 23, 1962.

Attorney(s) appearing for the Case

Francis C. Whelan, U. S. Atty., Donald A. Fareed, Asst. U. S. Atty., Chief, Civil Division, Robert A. Smith, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff.

Robert W. Walker, J. H. Cummins, Edward J. Riordan, Los Angeles, Cal., for defendant.

THURMOND CLARKE, District Judge.

This suit was instituted by the United States on a single cause of action for a statutory penalty under Section 9, Title 45 U.S.C.A., a provision of the Safety Appliance Acts.

The facts are not in dispute. Defendant is a common carrier engaged in interstate commerce in California. On December 8, 1960, defendant originated a train in Los Angeles. As required by Title 49 Code of Federal Regulations § 132.1 (1958), at least...

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