BINGHAM, Circuit Judge.
This is an action at law brought by the United States against the Boston & Maine Railroad in the District Court for Massachusetts to recover certain penalties prescribed by section 3 of the Act of June 29, 1906 (chapter 3594, 34 Stat. 607), due to the defendant's alleged violations of section 1 of the act (sections 71, 73, title 45 U. S.C.A.).
These sections read as follows:
"Sec. 1. * * * No railroad * * * whose road forms...
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