UNITED STATES v. INDIANA HARBOR BELT RAILROAD CO.

Civ. No. 4633.

314 F.Supp. 691 (1970)

UNITED STATES of America v. INDIANA HARBOR BELT RAILROAD COMPANY.

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

March 20, 1970.


Attorney(s) appearing for the Case

William C. Lee, U. S. Atty., Fort Wayne, Ind., J. Frank Kimbrough, Asst. U. S. Atty., Hammond, Ind., Thomas Furphy, Atty., Dept. of Transportation, Federal Railroad Administration, Washington, D.C., for the Government.

Kenneth D. Reed, Hammond, Ind., for defendant.


MEMORANDUM

BEAMER, District Judge.

This action was brought by the United States to recover statutory penalties for thirty-eight alleged violations of the Federal Safety Appliance Act, 45 U.S.C. § 1 et seq. The question at issue is whether the United States Attorney can initiate actions of this type on the basis of unsworn information.

The problem arises from the wording of 45 U.S.C. § 6, which provides, in part, as follows:

Any...

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