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U.S. v. ATCHISON, TOPEKA AND SANTA FE RY. CO.

No. 80-1106.

725 F.2d 469 (1980)

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

United States Court of Appeals, Ninth Circuit.

Decided October 10, 1980.

Attorney(s) appearing for the Case

Anita Dymant, Asst. U.S. Atty., Andrea Sheridan Ordin, U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Frederick G. Pfrommer, San Francisco, Cal., John H. Ernster, Los Angeles, Cal., Ronald N. Cobert, Washington, D.C., for defendant-appellant.

Before PREGERSON, NELSON, Circuit Judges and TURRENTINE, District Judge.

TURRENTINE, District Judge:

On May 21, 1979, defendant The Atchison, Topeka and Santa Fe Railway Company, a corporate common carrier, was indicted for fifty violations of the Elkins Act, 49 U.S.C. § 41(1). The indictment charged that defendant "knowingly offered and granted concessions" which "caused property to be transported at a rate less than that named in the tariffs published and filed by defendant ... with the Interstate Commerce Commission." On January...

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