Northern States Power Co. v. Bugher

This is a review of an unpublished decision of the court of appeals, which affirmed the circuit court's dismissal of Northern States Power Company's 42 U.S.C. sec. 1983 claim relating to the constitutionality of sec. 71.04(5)(d)l, Stats. (1975). Both the circuit court and the court of appeals held that Northern's claim was precluded from consideration. They did so, however, on different grounds. The circuit court of Dane County, Honorable Jack Aulik presiding, dismissed Northern's sec. 1983 claim based on res judi-cata principles. The court of appeals concluded that Northern had failed to…