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SOUTHERN PAC. CO. v. UNITED STATES

No. 7893.

23 F.2d 61 (1927)

SOUTHERN PAC. CO. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

December 5, 1927.

Attorney(s) appearing for the Case

E. R. Wright, of Santa Fé, N. M. (Guy V. Shoup, of San Francisco, Cal., and Del W. Harrington, of El Paso, Tex., on the brief), for plaintiff in error.

H. S. Bowman, Asst. U. S. Atty., of Santa Fé, N. M. (John W. Wilson, U. S. Atty., of Albuquerque, N. M., and M. C. List, Sp. Asst. U. S. Atty., of Washington, D. C., on the brief), for the United States.

Before LEWIS, Circuit Judge, and POLLOCK and SCOTT, District Judges.

SCOTT, District Judge.

This action was brought by the United States against the Southern Pacific Company in the District Court of the United States for the District of New Mexico, under the act of Congress known as the Safety Appliance Act, approved March 2, 1893, as amended by the acts approved April 1, 1896, March 2, 1903, and April 14, 1910 (45 USCA § 1 et seq.; Comp. St. § 8605 et seq.), to recover the penalty therein provided. Briefly stated, the violation...

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