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UNITED STATES v. MISSOURI PAC. R. CO.

No. 76-402C(4).

417 F.Supp. 312 (1976)

UNITED STATES of America, Plaintiff, v. MISSOURI PACIFIC RAILROAD COMPANY, and the Texas and Pacific Railway Company, Defendants.

United States District Court, E. D. Missouri, E. D.

July 14, 1976.

Attorney(s) appearing for the Case

William G. Cole, Asst. U. S. Atty., St. Louis, Mo., Rex E. Lee, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for plaintiff.

R. W. Yost, St. Louis, Mo., for defendants.

MEMORANDUM

NANGLE, District Judge.

This matter is before the Court upon cross motions for summary judgment. Plaintiff brought suit herein, pursuant to the Federal Railroad Safety Act of 1970, 45 U.S.C. § 439, and 28 U.S.C. §§ 1337, 1345, seeking declaratory and injunctive relief. Plaintiff contends that defendants have refused to allow employees of the Federal Railroad Administration to conduct safety inspections except upon specified conditions...

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