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In MATTER OF CLOSING OF ST. ST. RD. GRADE CROSSING

No. 13825.

640 P.2d 924 (1982)

97 N.M. 424

In the Matter of the CLOSING OF the STATE STREET RAILROAD GRADE CROSSING, ELIDA, New Mexico. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, Appellant, v. STATE CORPORATION COMMISSION, Appellee.

Supreme Court of New Mexico.

February 15, 1982.

Attorney(s) appearing for the Case

Johnson & Lanphere, Nicholas R. Gentry, Albuquerque, for appellant.

Jay T. Morgan, Portales, for Town of Elida.

Jeff Bingaman, Atty. Gen., David Romero, Jr., Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

EASLEY, Chief Justice.

The State Corporation Commission (Commission) held a public hearing to determine whether a railroad crossing should be reopened by Atchison, Topeka and Santa Fe Railway Company (Santa Fe). The Commission ordered Santa Fe to reopen the crossing. Santa Fe filed for removal to this Court. We reverse.

The question presented to us is whether the public convenience and necessity, considering the interests and rights of both...

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