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

Nos. 98-4057, 98-4149 and 98-4166.

186 F.3d 790 (1999)

BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Soo Line Railroad Company, Union Pacific Railroad Company, and Wisconsin Central Ltd., Plaintiffs-Appellants, Cross-Appellees, 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, et al., Defendants-Appellees, Cross-Appellants, and United Transportation Union, Intervening Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 23, 1999.

Attorney(s) appearing for the Case

Jon P. Axelrod, Dewitt, Ross & Stevens, Madison, WI, Ronald M. Johnson (argued), Akin, Gump, Strauss, Hauer & Feld, Washington, DC, for Plaintiffs-Appellants, Cross-Appellees.

James E. Doyle, pro se, Office of Attorney General, Wisconsin Department of Justice, Madison, WI, for Defendants-Appellees and Defendants.

Thomas C. Bellavia (argued), Office of Attorney General, Wisconsin Department of Justice, Madison, WI, for Defendants-Appellees and Defendants-Appellants.

Marilyn Townsend, Madison, WI, Lawrence M. Mann (argued), Alper, Mann & Weisbaum, Washington, DC, for United Transportation Union.

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

Susan K. Ullman, Office of Attorney General, Wisconsin Department of Justice, Madison, WI, for Defendants-Appellants.

Before WOOD, JR., FLAUM, and MANION, Circuit Judges.

MANION, Circuit Judge.

The plaintiffs, four railroads that operate in Wisconsin, sued the Wisconsin attorney general and three county district attorneys seeking a declaration that a Wisconsin law requiring train crews to consist of at least two persons and also requiring crew members to have certain qualifications is preempted by federal regulations promulgated under the Federal Rail Safety Act, 49 U.S.C. § 20101 et seq. The United Transportation Union...

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