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BNSF RY. CO. v. ARIZONA CORP. COM'N

No. 1 CA-CV 11-0002.

268 P.3d 1138 (2012)

BNSF RAILWAY COMPANY, a Delaware corporation, Plaintiff/Appellant, v. ARIZONA CORPORATION COMMISSION; Kristin K. Mayes, Chairman; Gary Pierce, Commissioner; Paul A. Newman, Commissioner; Sandra D. Kennedy, Commissioner; and Bob Stump, Commissioner, Defendants/Appellees.

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

January 3, 2012.

Attorney(s) appearing for the Case

Fennemore Craig, P.C. By William L. Thorpe, Theresa Dwyer-Federhar, Patrick J. Black, Phoenix, Attorneys for Appellant.

Arizona Corporation Commission, Legal Division By Charles H. Hains, Kimberly A. Ruht, Phoenix, Attorneys for Appellees.

OPINION

BARKER, Judge.

¶ 1 BNSF Railway Company ("BNSF") appeals the judgment entered by the superior court affirming an October 21, 2009 order of the Arizona Corporation Commission ("Commission"). BNSF argues the superior court erred because the Commission's authority to approve or deny the installation of railroad wayside horns was preempted by federal law regulating the use of audible warnings at railroad crossings. For the following reasons, we...

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