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RAILROAD COM'N OF TEXAS v. ATCHISON, TOPEKA & SANTA FE RAILROAD CO.

No. 13203.

609 S.W.2d 641 (1980)

RAILROAD COMMISSION OF TEXAS, Appellant, v. The ATCHISON, TOPEKA & SANTA FE RAILROAD COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied December 31, 1980.

Attorney(s) appearing for the Case

Walter Caven, Jerry Prestridge, Clark, Thomas, Winters & Shapiro, Austin, for appellant.

John S. McEldowney, Mills, Shirley, McMicken & Eckel, Galveston, for appellees.

SHANNON, Justice.

This is an appeal from a permanent injunction entered by the district court of Travis County restraining the Railroad Commission of Texas from enforcing its order in Docket No. 003353ZZCP.

In October, 1978, the superintendent and several patrons of the Academy Public Schools complained to the Commission of poor visibility at a grade crossing of the Atchison, Topeka & Sante Fe Railway Company, located at Knob Creek Road and Heidenheimer...

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