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SOO LINE R. CO. v. TRANSPORTATION DEPT.

No. 80-2087.

101 Wis.2d 64 (1981)

303 N.W.2d 626

SOO LINE RAILROAD COMPANY, Plaintiff-Respondent, v. DEPARTMENT OF TRANSPORTATION, Division of Highways, and Lowell Jackson, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided March 31, 1981.

Attorney(s) appearing for the Case

For the appellants the cause was argued by Charles D. Hoornstra, assistant attorney general, with whom on the briefs were Bronson C. La Follette, attorney general, and Daniel S. Farwell, assistant attorney general.

For the respondent there was a brief by Reginald W. Nelson, Richard C. Ninneman and Whyte & Hirschboeck, S.C., of Milwaukee, and oral argument by Mr. Ninneman.

On certification from Court of Appeals.

SHIRLEY S. ABRAHAMSON, J.

This appeal comes to us on certification of the court of appeals. We are reviewing a judgment of the circuit court for Dane county declaring sec. 923(48) (a), ch. 418, Laws of 1977, unconstitutional and enjoining the Wisconsin Department of Transportation from acting in accordance with that law. We affirm the judgment.

The controversy between Soo Line Railroad Company and the Department...

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