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SOUTHERN PACIFIC TRANSP. v. P.U.C. OF STATE OF CAL.

No. 82-4466.

716 F.2d 1285 (1983)

SOUTHERN PACIFIC TRANSPORTATION CO., Plaintiff-Appellant, v. PUBLIC UTILITIES COMMISSION OF the STATE OF CALIFORNIA, Defendant-Appellee, State of California Department of Transportation, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 27, 1983.

Attorney(s) appearing for the Case

Malcolm Dungan, San Francisco, Cal., for plaintiff-appellant.

Vincent MacKenzie, San Francisco, Cal., O.J. Solander, Sacramento, Cal., for defendant-appellee.

Before DUNIWAY, SNEED and FARRIS, Circuit Judges.

DUNIWAY, Circuit Judge:

Southern Pacific Transportation Co. appeals from the district court's judgment dismissing Southern Pacific's action seeking an injunction against enforcement of an order by the California Public Utilities Commission requiring Southern Pacific to run certain commuter trains within the state. The district court held that res judicata prevents consideration of Southern Pacific's argument that the Commission order is illegal because the order is...

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