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UNITED STATES v. MISSOURI PAC. R. CO.

No. 76-1653.

553 F.2d 1156 (1977)

UNITED STATES of America, Appellee, v. MISSOURI PACIFIC RAILROAD COMPANY and the Texas and Pacific Railway Company, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided April 20, 1977.

Attorney(s) appearing for the Case

R. W. Yost, St. Louis, Mo., for appellants; Mark M. Hennelly, St. Louis, Mo., on brief.

Paul M. Tschirhart, Atty., U. S. Dept. of Justice, Washington, D. C., for appellee; Rex E. Lee, Asst. Atty. Gen., Barry A. Short, U. S. Atty., John H. Broadley, Washington, D. C., on brief.

Before CLARK, Associate Justice, Retired, GIBSON, Chief Judge, and HEANEY, Circuit Judge.

HEANEY, Circuit Judge.

Congressional concern over the rapid increase in railroad accidents and the damage threatened by the release of volatile or explosive substances during such incidents lead to the enactment of the Federal Railroad Safety Act of 1970. 1970 U.S.Code Cong. and Admin.News, pp. 4104, 4105. The authority of the Secretary of Transportation or his agents to inspect and evaluate railroad track and roadbeds is an integral feature of the legislative scheme...

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