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UNITED STATES v. ERIE R. CO.

No. 11518.

200 F.2d 411 (1952)

UNITED STATES v. ERIE R. CO.

United States Court of Appeals, Sixth Circuit.

December 10, 1952.

Attorney(s) appearing for the Case

Leo Meltzer, Washington, D. C., James M. McInerney, Washington, D. C., John J. Kane, Jr., Cleveland, Ohio, Gerald P. Openlander, Toledo, Ohio and Leo Meltzer, Washington, D. C., on the brief, for appellant.

Robert M. Weh, Cleveland, Ohio, Burgess, Fulton & Fullmer, Robert M. Weh and Charles A. Baker, Cleveland, Ohio, on the brief, for appellee.

Doyle, Lewis & Warner and D. L. Sears, Toledo, Ohio, amicus curiae on the brief, for New York Cent. R. Co.

Before ALLEN, McALLISTER and MILLER, Circuit judges.

PER CURIAM.

The sole question involved in this appeal is whether the appellant was entitled, as a matter of right, to taxation of a docket fee in its costs upon the entry of a judgment for penalties provided under the Safety Appliance Acts, 45 U.S.C. §§ 1-16, 45 U.S.C.A. §§ 1-16. The appellee confessed the facts alleged in the complaint and a stipulation for the entry of judgment for $1,300 and costs was placed on the record. Appellant filed the...

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