UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
November 27, 1939
UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT,
DELAWARE, LACKAWANNA & WESTERN RAILROAD COMPANY, DEFENDANT-APPELLEE.
Appeal from the District Court of the United States for the District of New Jersey; Guy L. Fake, Judge.
Before BIGGS, MARIS, and BIDDLE, Circuit Judges.
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.
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