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STATE v. BNSF RY. CO.

No. 118,095.

432 P.3d 77 (2018)

STATE of Kansas, Appellee, v. BNSF RAILWAY COMPANY, Appellant.

Court of Appeals of Kansas.

Opinion filed November 2, 2018.

Attorney(s) appearing for the Case

Marianne M. Auld and Jody S. Sanders , of Kelly Hart & Hallman LLP, of Fort Worth, Texas, and Noah K. Garcia , of Knight Nicastro, LLC, of Kansas City, Missouri, for appellant.

Kristafer R. Ailslieger , deputy solicitor general, and Derek Schmidt , attorney general, for appellee.

Before Bruns, P.J., McAnany, J., and Burgess, S.J.:

BNSF Railway Company (BNSF) appeals its conviction for violating K.S.A. 66-273. This statute prohibits a railroad company from allowing its trains to stand upon a railroad crossing for more than 10 minutes without leaving an opening at least 30 feet wide on the public roadway. Following a bench...

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