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STATE v. ATCHISON, TOPEKA AND SANTA FE RAILWAY CO.

No. 6158.

82 Ariz. 12 (1957)

307 P.2d 908

STATE of Arizona, Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, Appellee.

Supreme Court of Arizona.

February 28, 1957.

Attorney(s) appearing for the Case

Robert Morrison, Atty. Gen., and H.B. Daniels, Asst. Atty. Gen., for appellant.

Fennemore, Craig, Allen & McClennen, Phoenix, for appellee.

LA PRADE, Justice.

This action was initiated against the defendant-appellee, Atchison, Topeka and Santa Fe Railway Company, by the State of Arizona, appellant, to asses the statutory penalties based upon alleged violations of a provision of the so-called "full crew law", section 69-121, A.C.A. 1939 (section 40-881, subd. A, A.R.S. 1956). In substance the State alleged that the company, on two separate occasions, operated a locomotive with its accompanying tender between...

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