Summary
construing FRSA pre-emption under 49 U.S.C. § 20106
Summary of this case from City of Weyauwega v. Wis. Cent. Ltd.Opinion
No. 95-0070
Oral argument March 4, 1997 —
Decided May 2, 1997
REVIEW of a published decision of the Court of Appeals reversing the order of the Circuit Court for Fond du Lac County, Steven W. Weinke, Judge. Affirmed.
State v. Wisconsin Central Transp. Corp., 200 Wis.2d 450, 546 N.W.2d 206 (Ct.App. 1996).
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.
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.