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UNITED STATES v. NEW YORK, C. & ST. L. RY. CO.

No. 5375.

77 F.2d 215 (1935)

UNITED STATES v. NEW YORK, C. & ST. L. RY. CO.

Circuit Court of Appeals, Seventh Circuit.

April 30, 1935.

Attorney(s) appearing for the Case

Val Nolan, U. S. Atty., of Indianapolis, Ind., and James O. Tolbert, Sp. Asst. to U. S. Atty., of Washington, D. C.

Russell P. Harker, of Frankfort, Ind. (W. J. Stevenson, of Cleveland, Ohio, of counsel), for appellee.

Before SPARKS, FITZHENRY, and ALSCHULER, Circuit Judges.

FITZHENRY, Circuit Judge.

The government brought this action against the railway company for an alleged violation of an order of the Interstate Commerce Commission issued pursuant to the provisions of the Safety Appliance Acts, 45 USCA §§ 1 to 10. The order reads as follows: "It is ordered: That on and after September 1, 1910, on all railroads used in interstate commerce, whenever, as required by the Safety Appliance Act as amended March 2, 1903, any...

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