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SOUTHERN PACIFIC TRANS. CO. v. ARIZONA CORP. COM'N

No. 1 CA-CV 90-403.

173 Ariz. 630 (1992)

845 P.2d 1125

SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, Plaintiff-Appellee, v. ARIZONA CORPORATION COMMISSION, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department A.

Reconsideration Denied October 22, 1992.

Review Denied March 2, 1993.

Attorney(s) appearing for the Case

Fennemore Craig by F. Pendleton Gaines, III, William L. Thorpe and Michelle Mills, Phoenix, for plaintiff-appellee.

Arizona Corp. Com'n by Cynthia J. Haglin, Peter Breen and Janice M. Alward, Phoenix, for defendant-appellant.

OPINION

LANKFORD, Judge.

The Arizona Corporation Commission (Commission) appeals from the superior court's entry of summary judgment in favor of Southern Pacific Transportation Company (Southern Pacific). The Commission contends that the trial court erred in vacating the Commission's order fining Southern Pacific for failure to comply with the terms of a Commission decision.

The issue on appeal is whether the superior court erred in vacating the...

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