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STATE OF ARIZ. v. ATCHISON, T. & S. F. R. CO.

No. 79-3183.

656 F.2d 398 (1981)

STATE OF ARIZONA and Arizona Department of Revenue, Plaintiffs-Appellants, v. ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY and Southern Pacific Transportation Company, Defendants-Appellees, and United States of America, Intervenor/Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 12, 1981.

Attorney(s) appearing for the Case

Mary A. McReynolds, Washington, D. C., Anthony B. Ching, Sol. Gen., Phoenix, Ariz., argued, James D. Winter, Asst. Atty. Gen., on brief, for plaintiffs-appellants.

Philip E. Von Ammon, Fennemore, Craig, Von Ammon & Udall, Lex J. Smith, Phoenix, Ariz., argued, Andrew S. Friedman, Earl Carroll, Evans, Kitchel & Jenckes, Phoenix, Ariz., on brief, for defendants-appellees.

Before WALLACE and FARRIS, Circuit Judges, and KING, District Judge.

WALLACE, Circuit Judge:

The State of Arizona and Arizona Department of Revenue (Arizona) brought this action for a declaratory judgment in the district court against the Atchison, Topeka and Santa Fe Railroad Company and the Southern Pacific Transportation Company (the railroads). Arizona sought a declaration that its scheme of assessing property for the purpose of collecting ad valorem property taxes was consistent with section 306 of the Railroad Revitalization...

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