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UNITED STATES v. PANHANDLE & SANTA FE RY. CO.

No. 14192.

203 F.2d 241 (1953)

UNITED STATES v. PANHANDLE & SANTA FE RY. CO. PANHANDLE & SANTA FE RY. CO. v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

April 8, 1953.

Attorney(s) appearing for the Case

A. W. Christian, Asst. U. S. Atty., Ft. Worth, Tex., Leo Meltzer, Atty., Department of Justice, Washington, D. C., Frank B. Potter, U. S. Atty., Fort Worth, Tex., Floyd R. Benny, Atty. Interstate Commerce Commission, Washington, D. C., of counsel, for appellant.

Lewis Jeffrey, Amarillo, Tex., Adkins, Folley, Adkins, McConnell & Hankins, Amarillo, Tex., Wigley, McLeod, Mills & Shirley, Galveston, Tex., for appellee.

Before HOLMES, RUSSELL and STRUM, Circuit Judges.

RUSSELL, Circuit Judge.

As this case reaches us it involves five claimed violations of the Safety Appliance Act1 and the order of the Interstate Commerce Commission of June 6, 1910, issued in accordance with the provisions of that Act. In each of the five counts of its complaint, the United States, seeking recovery of the penalty provided by the statute, specified a movement of an engine and cars, which it contended constituted a train...

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