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NEGUS v. MADISON GAS & ELECTRIC CO.

No. 81-1871.

112 Wis.2d 52 (1982)

331 N.W.2d 658

Albert I. NEGUS, Jr., Plaintiff-Respondent, v. MADISON GAS & ELECTRIC COMPANY, a Wisconsin corporation, Defendant-Appellant, ILLINOIS CENTRAL GULF RAILROAD COMPANY, a Delaware corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided February 23, 1983.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of William T. Rieser and Robert Horowitz and Stafford, Rosenbaum, Rieser & Hansen of Madison.

For the plaintiff-respondent Albert I. Negus, Jr., the cause was submitted on the brief of Thomas G. Ragatz, Richard S. Florsheim and David J. Harth of Madison.

For the defendant-respondent Illinois Central Gulf Railroad Company, the cause was submitted on the brief of James C. Herrick and Barbara J. Swan and Brynelson, Herrick, Gehl & Bucaida of Madison.

Before Gartzke, P.J., Bablitch, J. and Dean, J.

GARTZKE, P.J.

We granted leave to Madison Gas and Electric to appeal an order granting the plaintiff Negus partial summary judgment. The order appealed from requires MG&E to move an underground cable from property owned by Negus. Illinois Central Gulf Railroad sold the property to Negus after the cable was installed. The issues are whether the Railroad assigned to Negus its right to compel MG&E to move the cable and, if so,

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