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OGILVIE v. STATE BD. OF EQUALIZATION, ETC.

Civ. No. A3-79-183.

492 F.Supp. 446 (1980)

Richard B. OGILVIE, Trustee of the Property of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, a corporation; Soo Line Railroad Company, a corporation; and Burlington Northern, Inc., a corporation, Plaintiffs, v. The STATE BOARD OF EQUALIZATION OF the STATE OF NORTH DAKOTA, and The Honorable Arthur A. Link, as Governor of the State of North Dakota and Chairman of the State Board of Equalization, and The Honorable Byron L. Dorgan, as Tax Commissioner of the State of North Dakota and Secretary of the State Board of Equalization, Defendants.

United States District Court, D. North Dakota, Southeastern Division.

July 2, 1980.

Attorney(s) appearing for the Case

Frank J. Magill, Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, N. D., for plaintiffs; Byron D. Olsen, Gen. Sol., Soo Line R. Co., Minneapolis, Minn., Joseph J. Nagle, Gen. Counsel, Milwaukee Road, Chicago, Ill., Steven L. Wood, Atty., Burlington Northern, Inc., St. Paul, Minn., of counsel.

Kenneth M. Jakes, North Dakota State Tax Dept., Robert W. Wirtz, Leo F. J. Wilking, III, Bismarck, N. D., for defendants.

ORDER

BENSON, Chief Judge.

Plaintiffs in the above entitled action contend defendants have violated § 306 of the Railroad Revitalization and Regulatory Reform Act of 1976 (the 4-R Act) by discriminatory property tax treatment of plaintiffs' rail transportation property. Plaintiffs seek declaratory relief. An order enjoining defendants, their successors, their agents or employees and those in active concert or participation with them, including the County...

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