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CITY OF CRAIG v. P.U.C. OF STATE OF COLO.

No. 81SA172.

656 P.2d 1313 (1983)

CITY OF CRAIG, Colorado, Plaintiff-Appellant, v. The PUBLIC UTILITIES COMMISSION OF the STATE OF COLORADO, and Edythe S. Miller, Daniel E. Muse and L. Duane Woodard as the Members thereof, and the Denver and Rio Grande Western Railroad Company, Inc., Defendants-Appellees.

Supreme Court of Colorado, En Banc.

January 17, 1983.

Attorney(s) appearing for the Case

Stockton, Lewis & Beckwith, James A. Beckwith, Denver, Worth F. Shrimpton, Craig, for City of Craig.

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Eugene C. Cavaliere, Asst. Atty. Gen., Denver, for Public Utilities Commission State of Colo.

John S. Walker, Denver, for Denver and Rio Grande Western R. Co.

DUBOFSKY, Justice.

The City of Craig (Craig) appeals from an order of the Moffat County district court affirming the closure of two railroad crossings by the Public Utilities Commission (PUC). Because the actions of the PUC were an appropriate exercise of the PUC's police power under the Constitution and statutes, we affirm the judgment of the district court.

The defendant Denver and Rio Grande Western Railroad Company...

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