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UNITED STATES v. TOLEDO, PEORIA & WESTERN RAILROAD CO.

Civ. Nos. 378, 381.

280 F.Supp. 243 (1968)

UNITED STATES of America, Plaintiff, v. TOLEDO, PEORIA & WESTERN RAILROAD COMPANY, Defendant. UNITED STATES of America, Plaintiff, v. The PENNSYLVANIA RAILROAD COMPANY, Defendant.

United States District Court N. D. Indiana, Hammond Division at Lafayette.

January 25, 1968.

Attorney(s) appearing for the Case

J. Thomas Furphy, Dept. of Transportation, Federal Railroad Administration, Washington, D. C., Alfred W. Moellering, U. S. Atty., Fort Wayne, Ind., for plaintiff.

Robert H. Bierma, Chicago, Ill., J. A. Bruggeman, John M. Clifton, Fort Wayne, Ind., for defendants.

MEMORANDUM OF DECISION AND JUDGMENT

ESCHBACH, District Judge.

This proceeding is a consolidation of three actions filed against the defendant Toledo, Peoria & Western Railroad Company on January 3, 1967 and two actions filed against the defendant Pennsylvania Railroad Company on January 18, 1967. In these actions, the Government seeks to recover statutory penalties of $250 each for alleged violations of 45 U.S.C. § 9, which is also known as the...

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