United States v. The Atchison, Topeka and Santa Fe Railway Co.

OPINION

Before DUNIWAY, ELY and WRIGHT, Circuit Judges. DUNIWAY, Circuit Judge.

The United States sued the Santa Fe Railway under 45 U.S.C. § 64a(a) for *1185statutory 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 and entered judgment for the Santa Fe. United States v. Atchison, Topeka & Santa Fe Railway Co., N.D.Cal., 1973, 363 F.Supp. 644. The government appeals,…