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BURLINGTON NORTHERN AND SANTA FE RY. CO. v. DOYLE

No. 97-C-1382.

24 F.Supp.2d 928 (1998)

The BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Soo Line Railroad Company, Union Pacific Railroad Company, and Wisconsin Central, Ltd., Plaintiffs, v. James E. DOYLE, Attorney General of Wisconsin, E. Michael McCann, District Attorney of Milwaukee County, Thomas L. Storm, District Attorney of Fond du Lac County, and Daniel Blank, District Attorney of Douglas County, Defendants.

United States District Court, E.D. Wisconsin.

October 28, 1998.

Attorney(s) appearing for the Case

Jon P. Axelrod, DeWitt, Ross & Stevens, Madison, WI, Ronald M. Johnson, Charles L. Warren, Risa B. Cherry, Akin, Gump, Strauss, Hauer & Feld, Washington, DC, for Burlington Northern & Santa Fe Railway Company, Soo Line Railroad Company, Union Pacific Railroad Company, Wisconsin Central, Ltd., plaintiffs.

Lawrence M. Mann, Alper Mann & Weisbaum, Washington, DC, Marilyn Townsend, Townsend Law Office, Madison, WI, for United Transportation Union, intervenor plaintiff.

James E. Doyle, Jr., Susan K. Ullman, Wisconsin Department of Justice, Office of the Attorney General, Madison, WI, for James E. Doyle, E. Michael McCann, Thomas L. Storm, David Blank, defendants.

Thomas L. Smallwood, Borgelt Powell Peterson & Frauen, Milwaukee, WI, for Association of American Railroads, American Short Line & Regional Railroad Association, amicus.

ORDER

STADTMUELLER, Chief Judge.

On December 31, 1997, plaintiffs Burlington Northern and Santa Fe Railway Company, Soo Line Railroad Company, Union Pacific Railroad Company, and Wisconsin Central, Ltd. sued defendants James E. Doyle, E. Michael McCann, Thomas Storm, and Daniel Blank, seeking invalidation of Wisconsin's recently-passed "two-person crew" law because Federal Railroad Administration (FRA) regulations allegedly preempt the same safety concerns...

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