UNITED STATES v. NORTHERN PAC. RY. CO.

No. 7469.

77 F.2d 587 (1935)

UNITED STATES v. NORTHERN PAC. RY. CO.

Circuit Court of Appeals, Ninth Circuit.

May 6, 1935.


Attorney(s) appearing for the Case

James H. Baldwin, U. S. Atty., and R. Lewis Brown, both of Butte, Mont., and M. C. List, Sp. Asst. to U. S. Atty., of Washington, D. C., for the United States.

Gunn, Rasch, Hall & Gunn, of Helena, Mont., and Howard Toole, of Missoula, Mont., for appellee.

Before WILBUR, GARRECHT, and DENMAN, Circuit Judges.


WILBUR, Circuit Judge.

After a trial by the court without a jury, the District Court gave judgment dismissing appellant's complaint, from which judgment this appeal is taken. Appellant is seeking to recover a statutory penalty of $100 for an alleged violation of the Safety Appliance Act as modified by an order of the Interstate Commerce Commission of June 6, 1910, made pursuant to the provisions of that act.

The facts are set forth in an agreed statement which...

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