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UNITED STATES v. SOUTHERN PACIFIC COMPANY

No. 16953.

289 F.2d 481 (1961)

UNITED STATES of America, Appellant, v. SOUTHERN PACIFIC COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

April 26, 1961.

Attorney(s) appearing for the Case

Laughlin E. Waters, U. S. Atty., Carla A. Hills and Earl P. Willens, Asst. U. S. Attys., Los Angeles, Cal., Henry L. Hilzinger, atty. Interstate Commerce Commission, Sydney Brodie and William A. Kehoe, Jr., attys., Dept. of Justice, Washington, D. C., for appellant.

E. D. Yeomans and John H. Gordon, Los Angeles, Cal., for appellee.

Before BARNES, HAMLIN and JERTBERG, Circuit Judges.

PER CURIAM.

An opinion was filed herein on December 29, 1960, wherein the judgment of the district court based on the third cause of action set out in plaintiff's complaint was vacated and the cause remanded to the district court for a new trial, limited to the issues raised by appellee's second answer to paragraph II of the third cause of action in appellant's complaint.

Appellant has petitioned for rehearing, contending that the cause should be remanded...

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