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

No. 3588.

117 F.2d 428 (1941)

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

Circuit Court of Appeals, First Circuit.

February 4, 1941.

Attorney(s) appearing for the Case

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

Alfred G. Malagodi, Asst. U. S. Atty., of Boston, Mass. (Edmund J. Brandon, U. S. Atty., of Boston, Mass., on the brief), for appellee.

Before MAGRUDER and MAHONEY, Circuit Judges, and FORD, District Judge.

MAGRUDER, Circuit Judge.

Boston & Maine Railroad appeals from a judgment of the District Court, 30 F.Supp. 721, assessing a statutory penalty against it for violation of the Cruelty to Animals Act, 34 Stat. 607, 45 U.S.C.A. §§ 71-74. This Act forbids carriers to confine animals in cars for a continuous period in excess of 36 hours without unloading the same into properly equipped pens for rest, water and feeding...

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