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UNITED STATES v. DENVER AND RIO GRANDE WESTERN R. CO.

No. 5058.

223 F.2d 126 (1955)

UNITED STATES of America, Appellant, v. The DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

June 8, 1955.

Attorney(s) appearing for the Case

Warren Olney III, Rufus D. McLean, Washington, D. C., A. Pratt Kesler, and C. Nelson Day, Salt Lake City, Utah, on the brief, for appellant.

No appearance for appellee.

Before PHILLIPS, Chief Judge, MURRAH, Circuit Judge, and WALLACE, District Judge.

PER CURIAM.

The sole question here is the authority of the District Court of Utah to permanently suspend its judgment imposing the minimum penalty provided in § 73, U.S.C.A., Title 45, for violation of § 71, U.S.C.A., Title 45.

Section 71, supra, provides, in material part, that no railroad shall confine cattle being shipped interstate in its cars for more than 28 consecutive hours without unloading them for rest, water, and feeding for a period...

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