ANR PIPELINE CO. v. LAFAVER

Nos. 96-3250, 96-3345.

150 F.3d 1178 (1998)

ANR PIPELINE COMPANY and Colorado Interstate Gas Company, Plaintiffs-Appellees, v. John D. LAFAVER, Secretary of the Kansas Department of Revenue, in his official capacity; Kansas Department of Revenue; Mark S. Beck, Director of the Division of Property Valuation of the Kansas Department of Revenue, in his official capacity; Division of Property Valuation of the Kansas Department of Revenue; and their respective predecessors and successors in office, Defendants-Cross-claim defendants-Appellants, and Brown County Board of County Commissioners; Judy Grathwohl, Brown County Treasurer; Clark County Board of County Commissioners; Coleen Z. Brown, Clark County Treasurer; Comanche County Board of County Commissioners; Velma Basnett, Comanche County Treasurer; Dickinson County Board of County Commissioners; Louise Habacker, Dickinson County Treasurer; Edwards County Board of County Commissioners; Mary I. Carlson, Edwards County Treasurer; Finney County Board of County Commissioners;Raylene Nelson, Finney County Treasurer; Ford County Board of County Commissioners; Dorothy Hunter, Ford County Treasurer; Geary County Board of County Commissioners; Kathy Tremont, Geary County Treasurer; Grant County Board of County Commissioners; Rita Gee, Grant County Treasurer; Greeley County Board of County Commissioners; Mary D. Gentry, Greeley County Treasurer; Hamilton County Board of County Commissioners; Chris Squire, Hamilton County Treasurer; Haskell County Board of County Commissioners; Nancy Weeks, Haskell County Treasurer; Jackson County Board of County Commissioners; Marilyn K. Brown, Jackson County Treasurer; Kearney County Board of County Commissioners; Holly Lashmet, Kearney County Treasurer; Kiowa County Board of County Commissioners; Elsie Haraldson, Kiowa County Treasurer; McPherson County Board of County Commissioners; Brenda Becker, McPherson County Treasurer; Meade County Board of County Commissioners; Wynema Dye, Meade County Treasurer; Morton County Board of County Commissioners; Lois Hall, Morton County Treasurer; Nemaha County Board of County Commissioners; Rose M. Wilhelm, Nemaha County Treasurer; Pottawatomie County Board of County Commissioners; Linda Horgan, Pottawatomie County Treasurer; Pratt County Board of County Commissioners; Donna Shelite, Pratt County Treasurer; Reno County Board of County Commissioners; Larry R. Tucker, Reno County Treasurer; Rice County Board of County Commissioners; Lila Blackburn, Rice County Treasurer; Riley County Board of County Commissioners; R. Eileen King, Riley County Treasurer; Saline County Board of County Commissioners; Keith Lilly, Saline County Treasurer; Seward County Board of County Commissioners; Joe Neese, Seward County Treasurer; Stafford County Board of County Commissioners; Lynda L. McAllister, Stafford County Treasurer; Stanton County Board of County Commissioners; Phyllis Kistler, Stanton County Treasurer; Stevens County Board of County Commissioners; Belva Hickey, Stevens County Treasurer; Wabaunsee County Board of Commissioners; Ella Mae Kraus, Wabaunsee County Treasurer; and all their respective predecessors and successors in office, Defendants-Cross-Claim plaintiffs.

United States Court of Appeals, Tenth Circuit.

July 21, 1998.


Attorney(s) appearing for the Case

William E. Waters, Kansas Department of Revenue, Topeka, Kansas, for defendants-cross-claim defendants-appellants.

Richard D. Greene, Morris, Laing, Evans, Brock & Kennedy, Wichita, Kansas (Rebecca H. Noecker and Karen L. Pauley, Colorado Interstate Gas Co., Colorado Springs, Colorado, on brief), for plaintiffs-appellees.

Before ANDERSON, EBEL and KELLY, Circuit Judges.


EBEL, Circuit Judge.

This appeal involves the efforts of two natural gas pipelines, in the face of burgeoning economic competition in the deregulated energy industry, to deal with what they regard as the unequal property tax system in Kansas vis-a-vis the pipelines' traditional competitors, railroad companies, as well as the pipelines' claims of unfair judicial process in the state courts of Kansas. We must dismiss this appeal, vacate the district court's judgment...

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