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UNITED STATES v. SOUTHERN RAILWAY COMPANY

No. 22588.

364 F.2d 86 (1966)

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

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 22, 1966.

Attorney(s) appearing for the Case

Frederick B. Abramson, Alan S. Rosenthal, Kathryn H. Baldwin, Attys., Dept. of Justice, Washington, D. C., for appellant.

Charles J. Bloch, Macon, Ga., Paul C. Warnke, Charles W. Havens, III, Washing, D. C., for appellee.

Before TUTTLE, Chief Judge, BELL, Circuit Judge, and KILKENNY, District Judge.

KILKENNY, District Judge:

The United States appeals from a summary judgment entered against it in an action against appellee (Southern) under the provisions of 49 U.S.C. § 1(17). The appellant sought to recover penalties in connection with the appellee's violations of an order promulgated by the Interstate Commerce Commission under the provisions of 49 U.S.C. § 1(15).

After filing of defensive pleadings and certain affidavits, each party moved for...

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