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MATTER OF CHICAGO, MADISON & NORTHERN RY. CO.

Adv. No. 83-0060.

36 B.R. 292 (1984)

In the Matter of CHICAGO, MADISON & NORTHERN RAILWAY COMPANY, Debtor. William J. RAMEKER, trustee, Plaintiff, v. FEDERAL RAILROAD ADMINISTRATION, Wisconsin Department of Transportation, Pecatonica Rail Transit Commission, and Commercial & Savings Bank of Monroe, Defendants.

United States Bankruptcy Court, D. Wisconsin.

January 6, 1984.

Attorney(s) appearing for the Case

William J. Rameker, Rick D. Bailey, Murphy, Stolper, Brewster & Desmond, S.C., Madison, Wis., for plaintiff.

Sheree Gowie, Asst. U.S. Atty., Madison, Wis., Jane A. Restani, Alan E. Kleinburd, Dept. of Justice Civil Div., Washington, D.C., for Fed. Railroad Admin.

John N. Kramer, Fennimore, Wis., for Pecatonica Rail Transit.

Philip Peterson, James Thiel, Philip Peterson, Madison, Wis., for Wis. Dept. of Trans.

Gilbert Southwell, III, Madison, Wis., for Commercial & Savings Bank.

Patricia M. Gibeault, Brynelson, Herrick, Gehl & Bucaida, Madison, Wis., for debtor, Chicago, Madison & Northern Ry. Co.

ROBERT D. MARTIN, Bankruptcy Judge.

The present dispute comes to the court on cross motions for summary judgment on questions relating to the ownership of, and security interests in, certain railroad ties which came into the debtor's possession prior to the filing of its chapter 11 case. The essential background, taken from the papers filed in this proceeding, follows.

The Wisconsin Department of Transportation ("WisDOT") acquired a railway corridor and adjoining...

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