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ATCHISON, TOPEKA & SANTA FE RY. CO. v. STATE

No. 59056.

683 P.2d 974 (1984)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Appellant, v. The STATE of Oklahoma, Appellee.

Supreme Court of Oklahoma.

May 22, 1984.

Attorney(s) appearing for the Case

Hugh D. Rice, Rainey, Ross, Rice & Binns, Oklahoma City, for appellant.

Eddie M. Pope, Patrick D. Shore, Asst. General Counsels, Judith A. Geeson, Oklahoma Corp. Com'n, Oklahoma City, for appellee Corp. Com'n.

Spencer W. Lynn, Chief, Legal Div. and Special Counsel, Dept. of Transp., Oklahoma City, for appellee Dept. of Transp.

ALMA WILSON, Justice.

The central issue on appeal is whether the Corpora-Commission had authority to issue Order 222509 which granted the Oklahoma Department of Transportation's request to designate two grade crossings with signal devices at Farrall Avenue in Shawnee, Oklahoma, and to direct the Atchison, Topeka, and Santa Fe Railroad, Appellant, to construct and maintain such crossings. The order made Appellant's performance...

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