U.S. Court of Appeals for the Third Circuit, 1939

United States v. Delaware, Lackawanna & Western Railroad

U.S. Court of Appeals for the Third Circuit · Decided November 27, 1939

107 F.2d 1022; 1939 U.S. App. LEXIS 2933 (Federal Reporter, Second Series)

Opinion of the Court

PER CURIAM.

This appeal is without merit. See United States v. Lehigh Valley R. Co., 3 Cir., 204 F. 705. The Government failed to prove its case. In this connection we note that the suit was instituted on February 7, 1933, but was not tried until November 23, 1938, over five and a half years later.

Affirmed.

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