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UNITED STATES v. ATCHISON, T. & S. F. RY. CO.

No. 74-1061.

525 F.2d 1184 (1975)

UNITED STATES of America, Plaintiff-Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY CO., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

November 10, 1975.

Attorney(s) appearing for the Case

Howard T. Chang, Asst. U. S. Atty. (argued), and Paul J. Fitzpatrick, Asst. U. S. Atty. (argued), San Francisco, Cal., for plaintiff-appellant.

C. George Niebank, Jr., John P. Frestel, Frestel & Niebank (argued), Chicago, Ill., for defendant-appellee.

Lawrence M. Mann (argued), Bernstein, Alper, Schoene & Friedman, Washington, D. C., for amicus (UTU).

Before DUNIWAY, ELY and WRIGHT, Circuit Judges.

OPINION

DUNIWAY, Circuit Judge.

The United States sued the Santa Fe Railway under 45 U.S.C. § 64a(a) for statutory penalties for violations of the railroad Hours of Service Act, 45 U.S.C. §§ 61-64b. The only question is what Congress meant when it used the term "designated terminal" in 45 U.S.C. § 61(b)(3). On cross-motions for summary judgment, the district court refused to impose the penalties...

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