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UNION PACIFIC R. CO. v. CALIFORNIA PUB. UTILITIES COMMISSION

No. C 97-3660 TEH.

109 F.Supp.2d 1186 (2000)

UNION PACIFIC RAILROAD COMPANY, et al., Plaintiffs, v. CALIFORNIA PUBLIC UTILITIES COMMISSION, et al., Defendants.

United States District Court, N.D. California.

July 20, 2000.

Attorney(s) appearing for the Case

Maureen E. Mahoney, Latham & Watkins, Washington, D.C., Linda A. Bagley, Latham & Watkins, Menlo Park, CA, Laura McKinney, Environmental Law Foundation, Oakland, CA, Frederick L. Nelson, Oakland, CA, Lawrence M. Mann, Alper, Mann & Weisbaum, P.C., Washington, D.C., for plaintiffs.

Peter Arth, Jr., Mark Fogelman, Patrick S. Berdge, Lionel B. Wilson, Public Utilities Commission of the State of California, San Francisco, CA, Louis P. Warchot, Association of American Railroads, Washington, D.C., Judry L. Subar, Sandra M. Schraibman, U.S. Department of Justice, Washington, D.C., for defendants.

MEMORANDUM AND ORDER

HENDERSON, District Judge.

This matter came before the Court on May 1, 2000, on plaintiffs' and defendants' cross-motions for summary judgment. Having carefully considered the written and oral arguments presented by the parties, intervenors, and amicus curiae, and the voluminous record herein, the Court grants in part, and denies in part, the motions for summary judgment as set forth below...

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