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BOSTON & M. R. R. v. UNITED STATES

No. 3366.

99 F.2d 646 (1938)

BOSTON & M. R. R. v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

November 12, 1938.

Attorney(s) appearing for the Case

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

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

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 the Act (Sections 71 and 73, Title 45 U.S.C., 45 U.S.C. A. §§ 71, 73).

The declaration charged a violation of Section 1 of the above Act with respect...

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