UNITED STATES v. CHICAGO, BURLINGTON & QUINCY R. CO.

No. 10094.

183 F.2d 369 (1950)

UNITED STATES v. CHICAGO, BURLINGTON & QUINCY R. CO.

United States Court of Appeals. Seventh Circuit.

June 27, 1950.


Attorney(s) appearing for the Case

Leo Meltzer, Department of Justice, Washington, D. C., Otto Kerner, Jr., U. S. Atty., Benjamin D. Caruso, Asst. U. S. Atty., Chicago, Ill., James M. McInerney, Asst. Atty. Gen., John Peter Lulinski, Asst. U. S. Atty., Chicago, Illinois (Henry J. Vinskey, Attorney, Interstate Commerce Commission, Washington, D. C., of counsel), for appellant.

C. W. Krohl, Andrew C. Scott, Chicago, Ill., for appellee.

Before FINNEGAN, LINDLEY and SWAIM, Circuit Judges.


LINDLEY, Circuit Judge.

The Government, plaintiff below, appeals from a judgment rendered against it in a civil action under the Safety Appliance Acts, 45 U.S.C.A. §§ 1 to 16. The complaint averred that defendant had, "in violation of the provisions of the U. S. Code, title 45, sections 1 to 10, inclusive," hauled on its railroad in and about Clearing, Illinois, on a certain date a certain freight car "when the coupling and uncoupling apparatus on the `B...

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