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UNITED STATES v. WESTERN PACIFIC RAILROAD COMPANY

Nos. 8855, 8856.

385 F.2d 161 (1967)

UNITED STATES of America, Appellant, v. WESTERN PACIFIC RAILROAD COMPANY, Appellee. UNITED STATES of America, Appellant, v. DENVER & RIO GRANDE WESTERN RAILROAD COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 26, 1967.

Attorney(s) appearing for the Case

Norman Gary Knopf, Washington, D. C. (J. William Doolittle, Acting Asst. Atty. Gen., William T. Thurman, U. S. Atty., and Alan S. Rosenthal and Frederick B. Abramson, Attys., Dept. of Justice, on the brief), for appellant.

Grant H. Bagley, Salt Lake City, Utah (Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, on the brief), for appellees.

Albert W. Laisy, Baltimore, Md., for Baltimore and Ohio Railroad Co., amicus curiae (On Rehearing).

Before MURRAH, Chief Judge, and PICKETT and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The United States brought separate actions under § 16(9) of the Interstate Commerce Act, 49 U.S.C. § 16(9), against the railroads to enforce forfeitures allegedly arising from the extension of credit for freight charges in violation of an order of the Interstate Commerce Commission. The trial court sustained the railroads' motions to dismiss and the government has appealed.

On this appeal we are concerned with the interrelationship...

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