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CNW v. COM'R OF RAILROADS

No. 95-2509.

204 Wis.2d 1 (1996)

553 N.W.2d 845

CHICAGO & NORTH WESTERN TRANSPORTATION COMPANY, Plaintiff-Appellant, v. OFFICE OF the COMMISSIONER OF RAILROADS, Defendant-Respondent, MILWAUKEE METROPOLITAN SEWERAGE DISTRICT, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided July 25, 1996.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Thomas L. Smallwood and Maile E. Buell of Borgelt, Powell, Peterson & Frauen, S.C., of Milwaukee.

For the defendant-respondent the cause was submitted on the brief of James E. Doyle, attorney general, and Kathleen M. Falk, assistant attorney general.

For the respondent-respondent the cause was submitted on the brief of Michael J. McCabe and James H. Petersen of Milwaukee Metropolitan Sewerage District of Milwaukee.

Before Gartzke, P.J., Dykman and Sundby, JJ.

DYKMAN, J.

Chicago and North Western Transportation Company (CNW) appeals from an order affirming an order of the Commissioner of Railroads requiring CNW to install and maintain drainage improvements in an earthen railroad grade as designed by the Milwaukee Metropolitan Sewerage District. CNW argues that: (1) the District does not have standing to initiate an action under § 88.87(4), STATS., because the District did not first comply with all of the procedural...

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