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UNITED STATES v. NORTHERN PAC. RY. CO.

No. 6486.

54 F.2d 573 (1931)

UNITED STATES v. NORTHERN PAC. RY. CO.

Circuit Court of Appeals, Ninth Circuit.

December 18, 1931.

Attorney(s) appearing for the Case

Anthony Savage, U. S. Atty., of Seattle, Wash., and John T. McCutcheon, Asst. U. S. Atty., of Tacoma, Wash., and M. C. List, Sp. Asst. to U. S. Atty., of Washington, D. C.

L. B. daPonte, of Seattle, Wash., and Thos. H. Maguire, of Portland, Or., and J. W. Quick, of Tacoma, Wash., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and JAMES, District Judge.

JAMES, District Judge.

Suit was brought against appellee railroad company to recover penalties affixed by statute for the alleged violation of the Safety Appliance Act. It was charged that in two instances appellee had operated trains without power brakes on the cars thereof. 45 USCA § 9. Under the provisions of the section referred to, and orders of the Interstate Commerce Commission made pursuant to authority therein given, not less than 85 per cent. of cars...

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