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UNITED STATES v. OGDEN UNION RAILWAY AND DEPOT COMPANY

No. 8762.

370 F.2d 540 (1966)

UNITED STATES of America, Appellant, v. The OGDEN UNION RAILWAY AND DEPOT COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

December 8, 1966.

Attorney(s) appearing for the Case

H. Ralph Klemm, Salt Lake City, Utah, and J. Thomas Furphy (William T. Thurman, U. S. Atty., on brief), for appellant.

Howard F. Coray, Salt Lake City, Utah (Bryan P. Leverich and Norman Kettner, Salt Lake City, Utah, on brief), for appellee.

Before MURRAH, Chief Judge, and ALDRICH and SETH, Circuit Judges.

ALDRICH, Circuit Judge.

This is an appeal by the government from the dismissal of certain counts of a complaint brought against the Ogden Union Railway and Depot Company for alleged violations of the Safety Appliance Acts, 45 U.S.C. §§ 1-10. The dismissed counts present the single question whether, when defendant was engaged in switching operations, it was obliged to comply with § 9 of the Act. It is defendant's position that this section, which relates...

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