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UNITED STATES v. NEW ORLEANS PUBLIC BELT RAILROAD

Nos. 1538, 1595.

78 F.Supp. 129 (1948)

UNITED STATES v. NEW ORLEANS PUBLIC BELT RAILROAD.

District Court, E. D. Louisiana, New Orleans Division.

June 18, 1948.

Attorney(s) appearing for the Case

Robert Weinstein, U. S. Atty., Amos L. Ponder, Jr., Asst. U. S. Atty., both of New Orleans, La., James O. Tolbert, Atty., Interstate Commerce Commission, Sp. Asst. to the U. S. Atty., of Washington, D. C., for the Government.

Michel Provosty, of New Orleans, La., for defendant.

WATSON, District Judge.

These actions consolidated are before the Court following trial by the Court without a jury.

The Complaint in No. 1538 contains five causes of action and the Complaint in No. 1595 contains nine causes of action involving defects in cars under the Safety Appliance Acts, 45 U.S.C.A. 1-16, and one cause of action involving what is referred to as the "airbrake provision" of the Act.

Section 2 of the Act provides that all railroad...

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