
    UNITED STATES of America, Plaintiff-Appellant, v. DELAWARE, LACKAWANNA & WESTERN RAILROAD COMPANY, Defendant-Appellee.
    No. 7024.
    Circuit Court of Appeals, Third Circuit.
    Nov. 27, 1939.
    John J. Quinn, U. S. Atty., and Thorn Lord, Asst. U. S. Atty., both of Trenton, N. J., for appellant.
    John A. Laird, of Newark, N. J., for appellee.
    Before BIGGS, MARIS, and BIDDLE, Circuit Judges.
   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.  