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SOUTHERN PACIFIC TRANSP. v. PUBLIC UTILITIES COM'N

No. C-86-2480-WWS.

647 F.Supp. 1220 (1986)

SOUTHERN PACIFIC TRANSPORTATION COMPANY, Plaintiff, v. PUBLIC UTILITIES COMMISSION OF the STATE OF CALIFORNIA, et al., Defendants.

United States District Court, N.D. California.

November 3, 1986.

Attorney(s) appearing for the Case

John MacDonald Smith, Ann Fingarette Hasse, Carol A. Harris, San Francisco, Cal., for plaintiff.

Janice E. Kerr, J. Calvin Simpson, Harvey Y. Morris, Public Utilities Com'n of State of Cal., San Francisco, Cal., Lawrence M. Mann, Alper, Mann & Reiser, Washington, D.C., F.L. Nelson, Hildebrand, McLeod & Nelson, Oakland, Cal., Paul A. Graham, Asst. Atty. Gen., Dept. of Justice, Salem, Or., for defendants.

MEMORANDUM OF OPINION AND ORDER

SCHWARZER, District Judge.

This is an action brought by Southern Pacific Transportation Company ("Southern Pacific") for declaratory and injunctive relief against General Orders Nos. 26-D and 118 issued by defendant Public Utilities Commission of the State of California ("CPUC"). Southern Pacific contends that the orders are preempted by the Federal Railroad Safety Act ("FRSA") and constitute an unreasonable burden on interstate...

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