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UNITED STATES v. CHESAPEAKE AND OHIO RAILWAY COMPANY

Civ. A. No. 2999.

238 F.Supp. 160 (1965)

UNITED STATES of America, Plaintiff, v. The CHESAPEAKE AND OHIO RAILWAY COMPANY, Defendant.

United States District Court S. D. West Virginia, Charleston Division.

February 10, 1965.

Attorney(s) appearing for the Case

George D. Beter, Acting U. S. Atty., Charleston, W. Va., for plaintiff.

Amos A. Bolen, Huntington, W. Va., for defendant.

FIELD, Chief Judge.

The Fourth Count of the amended complaint in this case charges the defendant with a violation of Sections 1 to 10 of Title 45 of the United States Code in the operation of a locomotive and seven cars over 1.6 miles of track in the Peach Creek Yard near Logan, West Virginia, on September 25, 1963. Defendant admits that the brakes on each of the cars were not connected nor operable by the engineer, but contends that this was a switching operation...

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