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WIS. ELEC. POWER CO. v. WIS. NATURAL RESOURC. BD.

Nos. 76-626, 76-627, 76-628.

90 Wis.2d 656 (1979)

280 N.W.2d 218

WISCONSIN ELECTRIC POWER COMPANY, and others, Plaintiffs-Respondents, v. WISCONSIN NATURAL RESOURCES BOARD, and others, Defendants-Appellants. WISCONSIN PUBLIC SERVICE CORPORATION, Plaintiff-Respondent, v. DEPARTMENT OF NATURAL RESOURCES, and others, Defendants-Appellants. WISCONSIN POWER & LIGHT COMPANY, Plaintiff-Respondent, v. WISCONSIN NATURAL RESOURCES BOARD, and others, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided June 29, 1979.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and William D. Bussey, assistant attorney general.

For respondents there was a joint brief by Eugene O. Gehl, Griffin G. Dorschel and Axley, Brynelson, Herrick & Gehl of Madison, for Wisconsin Power and Light Company; by Allen W. Williams, Jr., and Foley & Lardner of Milwaukee, for Public Service Corporation; and by W. Stuart Parsons, Andrew M. Barnes and Quarles & Brady of Milwaukee, for Wisconsin Electric Power Company and Wisconsin Michigan Power Company.

DAY, J.

This is an appeal from a judgment of the circuit court for Dane County, the Honorable William C. Sachtjen presiding, entered in the above consolidated actions declaring secs. NR 102.05(1) and NR 102.02(3) (b), Wisconsin Administrative Code, to be invalid. The court granted summary judgment in favor of Wisconsin Electric Power Company, Wisconsin Public Service Corporation, and Wisconsin Power and Light Company, and...

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