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California Court of Appeal


People v. Burlington N. Santa Fe R.R., A133559

A conviction of a railroad company for a misdemeanor violation of General order No. 135 of the California Public Utilities Commission (PUC), which regulates the length of time a stopped train may block public grade crossings, is reversed where the order is preempted by the Interstate Commerce Commission Termination Act, because the State of California, by regulating the time a stopped train can occupy a public rail crossing, has necessarily and directly attempted to manage railroad operations.

Appellate Information

  • Decided 10/16/2012
  • Published 10/16/2012

Judges

  • Bruiniers

Court

  • California Court of Appeal

Counsel

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