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UNITED STATES v. CHICAGO, ST. P., M. & O. RY. CO.

No. 4358.

41 F.2d 927 (1930)

UNITED STATES v. CHICAGO, ST. P., M. & O. RY. CO.

Circuit Court of Appeals, Seventh Circuit.

June 5, 1930.

Attorney(s) appearing for the Case

M. C. List, of Washington, D. C. (Stanley M. Ryan, of Janesville, Wis., and Harold E. Hanson, of Madison, Wis., on the brief), for the United States.

William T. Faricy, of St. Paul, Minn. (R. N. Van Doren and Nelson J. Wilcox, both of Chicago, Ill., on the brief), for appellee.

Before ALSCHULER and EVANS, Circuit Judges, and LINDLEY, District Judge.

EVANS, Circuit Judge.

This appeal is from a judgment dismissing appellant's action brought to recover penalties for violation of the Safety Appliance Act (45 USCA § 1 et seq.). The parties filed a written stipulation waiving a jury trial and also submitted an agreed statement of facts. It appeared therefrom that defendant operated a certain passenger train in interstate commerce which consisted of two engines, two tenders, and thirteen steel passenger cars; that...

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