CHICAGO & N. W. RY. v. LA FOLLETTE

No. 102.

43 Wis.2d 631 (1969)

169 N.W.2d 441

CHICAGO & NORTH WESTERN RAILWAY COMPANY and others, Plaintiffs and Appellants, v. LA FOLLETTE, individually and as Attorney General, and others, Defendants and Respondents: BROTHERHOOD OF LOCOMOTIVE FIREMEN & ENGINEMEN and others, Intervening Defendants and Respondents.

Supreme Court of Wisconsin.

Decided July 29, 1969.


Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs by Lawton & Cates and Richard L. Cates and John H. Bowers, all of Madison, and oral argument by Richard L. Cates.

For the defendants-respondents the cause was argued by Beatrice Lampert, special counsel, with whom on the brief was Robert W. Warren, attorney general.

For the intervening defendants-respondents there was a brief by Ralph M. Hoyt of Milwaukee, for the Brotherhood of Locomotive Firemen & Enginemen, and by Roland B. Day of Madison, for the Brotherhood of Railroad Trainmen, attorneys, and Harold C. Heiss of Cleveland, Ohio, of counsel, and oral argument by Mr. Hoyt.


BEILFUSS, J.

The issues, broadly stated, are as follows:3

(1) Does the required employment of a fireman as a part of a five-man crew in every road freight and yard operation by the plaintiff-railroads deny the railroads due process of law?

(2) Does the required employment of a fireman in a light engine with no cars attached in operation outside yard limits deny the plaintiff-railroads...

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