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UNITED STATES v. UNITED STATES TRUCKING CORPORATION

No. 70 Civ. 919.

317 F.Supp. 69 (1970)

UNITED STATES of America, Plaintiff, v. UNITED STATES TRUCKING CORPORATION, Defendant.

United States District Court, S. D. New York.

September 24, 1970.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., for Southern District of New York, for plaintiff; David M. Brodsky, Asst. U. S. Atty., of counsel.

Zelby & Burstein, New York City, for defendant; Herbert Burstein, New York City, of counsel.

MEMORANDUM

BONSAL, District Judge.

The defendant, United States Trucking Corporation, moves, pursuant to Rules 12(b) (1) and 12(b) (6), F.R.Civ. P., for an order dismissing the complaint which charges violations of the Federal Highway Administration (FHWA) regulations regarding the reporting of accidents by motor carriers (49 C.F.R. Part 394). The Government cross moves, pursuant to Rule 56(a), F.R.Civ. P., for summary judgment.

The Government instituted...

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