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BURLINGTON NORTHERN v. SUPERIOR

Nos. 84-2358, 84-2359, 84-2360, 84-2361.

131 Wis.2d 564 (1986)

388 N.W.2d 916

BURLINGTON NORTHERN, INC., and Burlington Northern Dock Corporation, Plaintiffs-Appellants, v. The CITY OF SUPERIOR, Wisconsin, Defendant-Respondent. [Case Nos. 84-2358, 84-2359.] BURLINGTON NORTHERN RAILROAD COMPANY and Burlington Northern Dock Corporation, Plaintiffs-Appellants. v. The CITY OF SUPERIOR, Wisconsin, Defendant-Respondent. [Case Nos. 84-2360, 84-2361.]

Supreme Court of Wisconsin.

Decided June 25, 1986.

Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs by Robert A. Schnur and Michael, Best & Friedrich, Milwaukee, and oral argument by Mr. Schnur.

For the defendant-respondent the cause was argued by Edward S. Marion, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

LOUIS J. CECI, J.

We review an order of the circuit court for Douglas county dated October 16, 1984, Douglas S. Moodie, reserve circuit judge, in which the circuit court granted the motion for summary judgment of the defendant and denied the plaintiffs' motion for summary judgment. Plaintiffs appealed to the court of appeals; we accepted jurisdiction by granting the court of appeals' certification request, pursuant to sec. (Rule) 809.61, Stats.

The issue we...

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