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CITY OF UNION CITY v. SOUTHERN PAC. CO.

Docket No. 24924.

261 Cal.App.2d 277 (1968)

67 Cal. Rptr. 816

CITY OF UNION CITY, Plaintiff and Appellant, v. SOUTHERN PACIFIC COMPANY, Defendant and Respondent; CALIFORNIA PUBLIC UTILITIES COMMISSION, Intervener and Respondent.

Court of Appeals of California, First District, Division Four.

April 18, 1968.

Attorney(s) appearing for the Case

Anthony J. Garcia, City Attorney, and John A. Rowe, Jr., for Plaintiff and Appellant.

Harold S. Lentz, Larry W. Telford and Kenneth E. Johnson for Defendant and Respondent.

Mary Moran Pajalich, Roderick B. Cassidy and Timothy E. Treacy for Intervener and Respondent.

DEVINE, P.J.

The Public Utilities Commission ordered New Haven Road in the City of Union City to be closed where it crosses the tracks of the Southern Pacific Railroad. The commission, after several public hearings, found that public safety requires the closing. It ordered barricades to be constructed and later, there having been a contention that the order was unclear, the commission ordered the pavement to be torn up between the barricades and the tracks. It was...

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