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UNITED STATES v. MONONGAHELA CONNECTING RAILROAD CO.

Civ. A. No. 67-1112.

351 F.Supp. 696 (1972)

UNITED STATES of America, Plaintiff, and Co-Operative Legislative Committee, Railroad Brotherhoods in the State of Pennsylvania, Intervening Plaintiff, v. The MONONGAHELA CONNECTING RAILROAD COMPANY, Defendant.

United States District Court, W. D. Pennsylvania.

December 6, 1972.

Attorney(s) appearing for the Case

Richard L. Thornburgh, U. S. Atty., for plaintiff.

T. P. Shearer, Pittsburgh, Pa., for defendant.

OPINION

DUMBAULD, District Judge.

This case originated when the United States on September 18, 1967, filed a complaint seeking a penalty of $2501 for movement by defendant of a twelve car train on August 3, 1967, with air brakes operational on only five cars. This was less than 85 per cent of the cars, and hence allegedly violated 45 U.S.C. §§ 110, and a regulation of the Federal Railroad Administration (49 C.F.R. 232...

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