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CANADIAN NAT. R.R. v. NOEL

No. 2006AP2617.

736 N.W.2d 900 (2007)

2007 WI App 179

CANADIAN NATIONAL RAILROAD, Plaintiff-Appellant, v. George NOEL and Jet Intermodal, Inc., Defendants-Third-Party Plaintiffs-Appellants, v. State of Wisconsin, Department of Transportation, Third-Party Defendant-Respondent. The Hanover Insurance Company, Plaintiff, v. Robert G. Zimmerman and Canadian National Railroad, Defendants.

Court of Appeals of Wisconsin.

June 12, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Brian D. Baird, Patrick D. McNally and Patryk Silver of Borgelt, Powell, Peterson & Frauen, S.C. of Milwauee.

On behalf of the third-party defendant-respondent, the cause was submitted on the brief of Adrian Dresel-Velasquez, Assistant Attorney General, and J.B. Van Hollen, Attorney General.

Before CANE, C.J., HOOVER, P.J., and PETERSON, J.

¶ 1 HOOVER, P.J.

Canadian National Railroad1 appeals an order2 dismissing negligence claims against the Wisconsin Department of Transportation. Canadian National argues the DOT is not entitled to sovereign immunity because it is an "independent going concern." We disagree and affirm the order.

¶ 2 For purposes of this appeal, the facts of this case...

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