No. 72-1794.

485 F.2d 309 (1973)

UNITED STATES of America, Appellant, v. SOUTHERN RAILWAY COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 15, 1973.

Attorney(s) appearing for the Case

Helen F. Hoyt, U. S. Bureau of Enforcement, I. C. C., Richard I. Chaifetz, U. S. Dept. of Justice (Brian P. Gettings, U. S. Atty., John L. Murphy, Chief, Government Regulations Section, Crim. Div., U. S. Dept. of Justice, Bernard A. Gould, Director, Daniel M. O'Donoghue, Asst. Director, U. S. Bureau of Enforcement, I. C. C., on brief), for appellant.

H. Merrill Pasco, Richmond, Va. (Dennis P. Brumberg, Hunton, Williams, Gay & Gibson, Richmond, Va., Fred C. Alexander, Jr., and Boothe, Prichard & Dudley, Alexandria, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and CRAVEN and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

The United States appeals from the dismissal of an information by which Southern Railway Company was charged with eight violations of the Elkins Act, 49 U.S.C. § 41(1), in wilfully failing strictly to observe its published tariffs. We dismiss the appeal on account of former jeopardy, and expressly do not reach or pass upon the merits of the decision of the district court.

On eight different occasions between November, 1968 and...

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