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PEOPLE v. BURLINGTON NORTHERN SANTA FE RAILROAD

No. A133559.

209 Cal.App.4th 1513 (2012)

148 Cal. Rptr. 3d 243

THE PEOPLE, Plaintiff and Respondent, v. BURLINGTON NORTHERN SANTA FE RAILROAD, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

October 16, 2012.

Attorney(s) appearing for the Case

Latham & Watkins, Karl S. Lytz , Andrea M. Hogan and C. Genevieve Jenkins for Defendant and Appellant.

Randy Riddle , City Attorney, Trisha A. Aljoe , Special Counsel; Moscone Emblidge & Sater, G. Scott Emblidge and Sylvia M. Sokol for Plaintiff and Respondent.

OPINION

BRUINIERS, J. —

General order No. 135 of the Public Utilities Commission (PUC) regulates the length of time a stopped railroad train may block public grade crossings. Appellant Burlington Northern Santa Fe Railroad (BNSF) was convicted, after a bench trial, of a misdemeanor violation of that order. (Pub. Util. Code, § 2110.)1 BNSF appeals the conviction.

(1) The question we...

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