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UNITED STATES v. CHESAPEAKE & O. RY. CO.

No. 4926.

130 F.2d 308 (1942)

UNITED STATES v. CHESAPEAKE & O. RY. CO.

Circuit Court of Appeals, Fourth Circuit.

August 11, 1942.

Attorney(s) appearing for the Case

Donald Ross Marshall, Atty., Department of Justice, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., Frank S. Tavenner, Jr., U. S. Atty., of Woodstock, Va., R. Roy Rush, Asst. U. S. Atty., of Roanoke, Va., and Vernon L. Wilkinson, Atty., Department of Justice, of Washington, D. C., on the brief), for appellant.

J. M. Perry, of Staunton, Va., for appellee.

Before PARKER, DOBIE, and NORTHCOTT, Circuit Judges.

NORTHCOTT, Circuit Judge.

This is an action brought in the District Court of the United States for the Western District of Virginia by the appellant, United States of America, herein referred to as the plaintiff, against the appellee, The Chesapeake & Ohio Railway Company, a corporation, herein referred to as the defendant. In November, 1941, after a hearing, the court below dismissed the complaint holding that it did not allege a sufficient cause of action to...

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