JOYCE, District Judge.
This is an action seeking a penalty for alleged violation of the Safety Appliance Acts, 45 U.S.C.A. § 1 through § 16, as modified by the order of the Interstate Commerce Commission issued pursuant thereto dated June 6, 1910, 49 C.F. R. 132.1, by reason of defendant's operation of a cut or string of 40 cars within its "Northtown Yard" in Minneapolis on April 17, 1953, without cutting in the air on at least 85 per cent of such cars so...
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