STATE of Wisconsin, Plaintiff-Respondent,
v.
WISCONSIN CENTRAL TRANSPORTATION CORPORATION, Defendant.
WISCONSIN CENTRAL LTD. and Fox Valley & Western Ltd., Defendants-Third Party Plaintiffs-Appellants,
v.
James E. DOYLE, Attorney General of the State of Wisconsin and State of Wisconsin Department of Justice, Third Party Defendants.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Oral argument January 10, 1996.
Decided February 28, 1996.
Attorney(s) appearing for the Case
On behalf of the defendants-third party plaintiffs-appellants, there were briefs by Jon P. Axelrod and Joseph A. Ranney of DeWitt, Ross & Stevens, S.C. of Madison and David B. Potter and Jacob M. Holdreith of Oppenheimer, Wolff & Donnelly of St. Paul, Minnesota. There were oral arguments by Jon P. Axelrod.
On behalf of the plaintiff-respondent, there were briefs by James E. Doyle, attorney general, Thomas L. Dosch, assistant attorney general, and Susan K. Ullman, assistant attorney general. There were oral arguments by Thomas L. Dosch.
On behalf of the Soo Line Railroad Company, there was an amicus curiae brief by Patrick J. Nugent of Canadian Pacific Legal Services of Minneapolis, Minnesota.
Before Anderson, P.J., Brown and Snyder, JJ.
Court of Appeals of Wisconsin.
SNYDER, J.
Wisconsin Central Ltd. and Fox Valley & Western Ltd. (Wisconsin Central)1 appeal from an order denying their motion for summary judgment. The single issue presented for review is whether § 192.255, STATS. (the "conductor law") is preempted by the Federal Railroad Safety Act (FRSA). Because we conclude that the conductor law is substantially subsumed by federal regulations promulgated under the FRSA, it is preempted...
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