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UNITED STATES v. BOSTON & MAINE R. R.

No. 3358.

99 F.2d 635 (1938)

UNITED STATES v. BOSTON & MAINE R. R.

Circuit Court of Appeals, First Circuit.

November 12, 1938.

Attorney(s) appearing for the Case

C. Keefe Hurley, Asst. U. S. Atty., of Boston, Mass. (John A. Canavan, U. S. Atty., of Boston, Mass., on the brief), for appellant.

Richard W. Hall, of Boston, Mass., for appellee.

Before BINGHAM and WILSON, Circuit Judges, and PETERS, District Judge.

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 the penalty prescribed by Section 3 of the Act of June 29, 1906, Chap. 3594 (34 Stat. 607) due from the defendant for violation of Section 1 of the Act (Sections 71 and 73, Title 45, U.S.C., 45 U.S.C.A. §§ 71, 73). These sections read as follows:

"Sec. 1 [Section 71]. * * * No railroad...

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