SUPREME
COURT OF WISCONSIN
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Case
No.: 95-0070 |
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Complete
Title of
Case: |
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State
of Wisconsin, Plaintiff‑Respondent‑Petitioner,
v. Wisconsin
Central Transportation Corporation, Defendant, 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 State of Wisconsin Department of Justice, Third Party Defendants. |
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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 |
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Opinion
Filed: May 2, 1997 Submitted
on Briefs: Oral
Argument: March 4, 1997 |
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Source
of APPEAL COURT: Circuit COUNTY: Fond du Lac JUDGE: Steven W. Weinke |
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JUSTICES: Concurred: Dissented: Not Participating: Bablitch, J., w/drew from participation. |
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ATTORNEYS: 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 plaintiffs-appellants 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. |
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NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. |
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STATE OF WISCONSIN : |
IN SUPREME COURT |
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State of Wisconsin, Plaintiff-Respondent-Petitioner, v. Wisconsin Central Transportation Corporation, Defendant, 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. |
FILED MAY 2, 1997 Marilyn
L. Graves Clerk
of Supreme Court Madison,
WI |
REVIEW of a published decision of the Court
of Appeals[1]
reversing the order of the Circuit Court for Fond du Lac County, Steven W.
Weinke, Judge. Affirmed.
¶1 PER CURIAM. The court is equally divided on whether to affirm or reverse the decision of the court of appeals. Justice Donald W. Steinmetz, Justice Jon P. Wilcox and Justice 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.