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ALABAMA GREAT SOUTHERN RAILROAD CO. v. UNITED STATES

No. 15846.

233 F.2d 520 (1956)

The ALABAMA GREAT SOUTHERN RAILROAD COMPANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 15, 1956.

Attorney(s) appearing for the Case

J. Asa Rountree, III, Meade Whitaker, Birmingham, Ala., Cabaniss & Johnston, Birmingham, Ala., of counsel, for appellant.

Leo Meltzer, Atty., Dept. of Justice, Washington, D. C., Atley A. Kitchings, U. S. Atty., Birmingham, Ala., Warren Olney, III, Asst. Atty. Gen., Floyd R. Benny, Atty., Interstate Commerce Commission, Washington, D. C., of counsel, for appellee.

Before RIVES, TUTTLE and JONES, Circuit Judges.

RIVES, Circuit Judge.

The complaint sought the recovery of $700 as penalties for seven separate violations of the Safety Appliance Acts, 45 U.S.C.A. §§ 1-16. On six of the claims the defendant confessed judgment, but defended the one appearing as third. On that claim, the complaint alleged that the defendant hauled the car,

"when the coupling and uncoupling apparatus on the `B' end thereof was out of repair and inoperative, a portion of the uncoupling...

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