WEINBERG v. NORTHERN PAC. RY. CO.

No. 12872.

150 F.2d 645 (1945)

WEINBERG et al. v. NORTHERN PAC. RY. CO.

Circuit Court of Appeals, Eighth Circuit.

July 19, 1945.


Attorney(s) appearing for the Case

Albert R. Scanlon, of Los Angeles, Cal. (A. G. McKnight and Harry E. Weinberg, both of Duluth, Minn., on the brif), for appellants.

Donald D. Harries, of Duluth, Minn. (L. B. daPonte, M. L. Countryman, Jr., and F. J. Gehan, all of St. Paul, Minn., and Gillette, Nye, Harries & Montague, of Duluth, Minn., on the brief), for appellee.

Before GARDNER, JOHNSEN, and RIDDICK, Circuit Judges.


GARDNER, Circuit Judge.

This is an appeal from a decree which permanently enjoined appellants, defendants below, from enforcing a certain ordinance passed by the City of Duluth, insofar as such ordinance prohibits the use of a certain General Electric 44-ton Diesel electric engine in performing certain switching movements in the switching yards of appellee in the said city, unless the engine be manned with a crew of not less than one qualified engineer or operator...

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