UNITED STATES v. SOUTH BUFFALO R. CO.

No. 166, Docket No. 20860.

168 F.2d 948 (1948)

UNITED STATES v. SOUTH BUFFALO R. CO.

Circuit Court of Appeals, Second Circuit.

June 30, 1948.


Attorney(s) appearing for the Case

T. Vincent Quinn, Asst. Atty. Gen., George L. Grobe, U. S. Atty., of Buffalo, N. Y., Leo Meltzer, Atty., Department of Justice, of Washington, D. C. (Henry J. Vinskey, Attorney, Interstate Commerce Commission, of Washington, D. C., of counsel), for the United States.

Cravath, Swaine & Moore, of New York City (Hoyt A. Moore, Bruce Bromley and Frank M. McGarry, all of New York City, of counsel), for South Buffalo Ry. Co.

Before SWAN, AUGUSTUS N. HAND and CLARK, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

This is an action brought by the United States against South Buffalo Railway Company to collect a penalty for violating the Safety Appliance Act, 45 U.S.C.A. §§ 1-16 inclusive. The third and sixth claims asserted against the defendant, which are alone in question on this appeal, involve the Safety Appliance Act, §§ 1 to 10, and an order of the Interstate Commerce Commission...

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