SOUTHERN PAC. TRANS. CO. v. PUBLIC UTILITIES COM.

Docket No. S.F. 23217.

18 Cal.3d 308 (1976)

556 P.2d 289

134 Cal. Rptr. 189

SOUTHERN PACIFIC TRANSPORTATION COMPANY, Petitioner, v. PUBLIC UTILITIES COMMISSION, Respondent.

Supreme Court of California.

November 23, 1976.


Attorney(s) appearing for the Case

COUNSEL

Harold S. Lentz for Petitioner.

William M. Siegel, County Counsel (Santa Clara), Gerald J. Thompson, Assistant County Counsel, Peter G. Stone, City Attorney (San Jose), Richard K. Karren, Assistant City Attorney, Donald C. Atkinson and William B. Mayfield, Deputy City Attorneys, as Amici Curiae on behalf of Petitioner.

Richard D. Gravelle, J. Calvin Simpson and John S. Fick for Respondent.


OPINION

CLARK, J.

Southern Pacific Transportation Company seeks review of Decisions 83509 and 82933 of the Public Utilities Commission, holding that Public Utilities Code section 1202.3 is unconstitutional.1

Following an auto-train collision at a crossing on Southern Pacific Coast Route Main Line, the Public Utilities Commission (commission) investigated the safety, maintenance, operation and use...

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