State v. Wisconsin Central Transportation Corporation
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SUPREME COURT OF WISCONSIN Case No.: 95-0070 Complete Title of Case: State of Wisconsin, Plaintiff-Respondent-Petitioner, v. Wisconsin Central Transportation Corporation, Defendant, Wisconsin Central Ltd., and Fox Valley & Western Ltd., Defendants-Third Party PlaintiffsAppellants, v. James E. Doyle, Attorney General of the State of Wisconsin and State of Wisconsin Department of Justice, Third Party Defendants. ON REVIEW OF A DECISION OF THE COURT OF APPEALS Reported at: 200 Wis. 2d 450, 546 N.W.2d 206 (Ct. App. 1996) PUBLISHED Opinion Filed: Submitted on Briefs: Oral Argument: Source of APPEAL COURT: COUNTY: JUDGE: JUSTICES: Concurred: Dissented: Not Participating: ATTORNEYS: May 2, 1997 March 4, 1997 Circuit Fond du Lac Steven W. Weinke Bablitch, J., w/drew from participation. For the plaintiff-respondent-petitioner the cause was argued by Thomas L. Dosch, assistant attorney general, with whom on the briefs Susan K. Ullman, assistant attorney general, and James E. Doyle, attorney general. For the defendants-third party plaintiffsappellants there was a brief by Jon P. Axelrod, Joseph A. Ranney and DeWitt Ross & Stevens, S.C., Madison and Janet Gilbert, general counsel and Wisconsin Central Ltd. And Fox Valley & Western Ltd., Rosemont, IL and oral argument by Jon P. Axelrod. Amicus curiae brief was filed by Patrick J. Nugent, and Canadian Pacific Legal Services, Minneapolis, MN for the Sool Line Railroad Company. Amicus curiae brief was filed by Patrick K. Stevens and WI Manufacturer and Commerce, Madison and Richard M. Esenberg and Foley & Lardner, Milwaukee for the Wisconsin Manufacturers and Commerce. Amicus curiae brief was filed by Marilyn Townsend, Madison for the United Transportation Union. No. 95-0070 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 95-0070 STATE OF WISCONSIN : IN SUPREME COURT State of Wisconsin, Plaintiff-Respondent-Petitioner, FILED v. MAY 2, 1997 Wisconsin Central Transportation Corporation, Defendant, Marilyn L. Graves Clerk of Supreme Court Madison, WI Wisconsin Central Ltd., and Fox Valley & Western Ltd., Defendants-Third Party Plaintiffs-Appellants, v. James E. Doyle, Attorney General of the State of Wisconsin and the State of Wisconsin Department of Justice, Third Party Defendants. REVIEW of a published decision of the Court of Appeals1 reversing the order of the Circuit Court for Fond du Lac County, Steven W. Weinke, Judge. ¶1 to affirm PER CURIAM. or reverse Affirmed. The court is equally divided on whether the decision of the court of appeals. Justice Donald W. Steinmetz, Justice Jon P. Wilcox and Justice 1 State v. Wisconsin Central Transp. Corp., 200 Wis.2d 450, 546 N.W.2d 206 (Ct. App. 1996). 1 No. 95-0070 Janine P. Geske would affirm; Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley and Justice N. Patrick Crooks would reverse. Justice William A. Bablitch withdrew from participation. ¶2 Accordingly, the decision of the court of appeals is affirmed. 2
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