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UNITED STATES v. SOUTHERN RAILWAY COMPANY

No. 9515.

341 F.2d 669 (1965)

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

United States Court of Appeals Fourth Circuit.

Decided February 4, 1965.

Attorney(s) appearing for the Case

Wm. Medford, U. S. Atty. (Thomas H. O'Leary, Attorney, Department of Justice, and Henry L. Hilzinger, Attorney, Interstate Commerce Commission, on brief), for appellant.

Gerhard A. Gesell, Washington, D. C. (William T. Joyner, Raleigh, N. C., Wiley F. Mitchell, Jr., W. Graham Claytor, Jr., and Ernest T. Kaufmann, Washington, D. C., on brief), for appellee.

Before HAYNSWORTH and J. SPENCER BELL, Circuit Judges, and EUGENE A. GORDON, District Judge.

HAYNSWORTH, Circuit Judge.

We are concerned with the application of the automatic coupling requirement of the Safety Appliance Act of 1893 to two hopper cars which the Southern Railway has undertaken to transform into one by securely joining them. The District Court found the Act's requirement inapplicable to the "A" ends of the united twins. It did so on motion for summary judgment. We reverse and remand, for we think some further factual inquiry essential.

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