SAWTELLE, Circuit Judge.
In an action to collect a penalty for the alleged violation of an order of the Interstate Commerce Commission, issued on June 6, 1910, in pursuance of the provisions of section 2 of the Act of March 2, 1903 (45 USCA § 9), commonly known as the Safety Appliance Act, the appellant's complaint contained the following allegation:
"* * * Defendant operated said [transfer] train * * * over its line of railroad in and about Seattle ...
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