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SOUTHERN PACIFIC TRANSP. v. PUB. UTILITIES COM'N

No. 86-2983.

820 F.2d 1111 (1987)

SOUTHERN PACIFIC TRANSPORTATION COMPANY, Plaintiff-Appellant, Railway Labor Executives' Association, Intervenor-Appellee, v. PUBLIC UTILITIES COMMISSION OF the STATE OF CALIFORNIA; Donald Vial, President; Victor Calvo, Commissioner of Public Utilities Commission; Priscilla C. Grew, Commissioner of the Public Utilities Commission; Stanley Hulett, Commissioner of the Public Utilities Commission, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 30, 1987.

Attorney(s) appearing for the Case

John MacDonald Smith, San Francisco, Cal., for plaintiff-appellant.

Harvey Y. Morris, San Francisco, Cal., for defendants-appellees.

Lawrence M. Mann, Washington, D.C., for intervenor-appellee.

Before GOODWIN, BEEZER and THOMPSON, Circuit Judges.

PER CURIAM:

We affirm the district court's grant of summary judgment in favor of the California Public Utilities Commission set forth in the district court's opinion in Southern Pacific Transp. Co. v. Public Utilities Comm'n, 647 F.Supp. 1220 (N.D.Cal.1986). We note that the district court failed to recognize that the topic of railtrack clearances had been mentioned in an administrative statement issued by the Federal Railroad...

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