Legal Opinion

United States v. The Denver and Rio Grande Western Railroad Company

Court of Appeals for the Tenth Circuit

Decided June 8, 1955No. 5058_1PublishedCited by 5 opinions

1Per curiam

The sole question here is the authority of the District Court of Utah to permanently suspend its judgment imposing the minimum penalty provided in § 73, U.S.C.A., Title 45, for violation of § 71, U.S.C.A., Title 45.

Section 71, supra, provides, in material part, that no railroad shall confine cattle being shipped interstate in its cars for more than 28 consecutive hours without unloading them for rest, water, and feeding for a period of at least five consecutive hours, except the time may be extended not to exceed 36 hours with the consent of the owner.

Section 73, supra, provides, in material…

2Cases cited3 opinions

  1. Butler v. UngerleiderDistrict Court, E.D. New York · 1951
  2. State ex rel. Newell v. District Court in & for Third DistrictUtah Supreme Court · 1910
  3. Lockwood v. Superior Court of Navajo CountyArizona Supreme Court · 1927

3Cited by5 opinions

  1. Cutler Associates, Inc. v. Merrill Trust Co.Supreme Judicial Court of Maine · 1978
  2. Segal v. GoodmanNew Mexico Supreme Court · 1993
  3. Taylor National, Inc. v. Jensen Bros. Construction Co.Utah Supreme Court · 1982
  4. Reefco Services Inc. v. GOVERNMENT OF THE VIRGIN ISLANDSDistrict Court, Virgin Islands · 2018
  5. United States v. SAFEHOUSEDistrict Court, E.D. Pennsylvania · 2020

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