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UNION PACIFIC R. CO. v. LOONEY

No. 15974.

729 P.2d 1063 (1986)

111 Idaho 1000

UNION PACIFIC RAILROAD COMPANY, Oregon-Washington, Railroad and Navigation Company and Oregon Short Line Railroad Company, Plaintiffs-Respondents, v. Larry G. LOONEY, Carol M. Dick, Darwin L. Young, and Morgan Munger, each as a Commissioner and acting as the Idaho State Tax Commission, Defendants-Appellants. BURLINGTON NORTHERN RAILROAD COMPANY, Plaintiff-Respondent, v. Larry G. LOONEY, Carol M. Dick, Darwin L. Young, and Morgan Munger, each as a Commissioner of the Idaho State Tax Commission and Acting as the Idaho State Tax Commission, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied December 16, 1986.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., Charles A. Daw, Deputy Atty. Gen. (argued), Boise, for defendants-appellants.

Eugene A. Ritti (argued), Richard G. Smith (appeared), Boise, for plaintiffs-respondents.

1986 OPINION NO. 92, ISSUED JUNE 12, 1986, IS HEREBY WITHDRAWN AND THIS OPINION IS SUBSTITUTED THEREFOR.

ON DENIAL OF PETITION FOR REHEARING

HUNTLEY, Justice.

The Idaho State Tax Commission (commission) appeals the district court's order granting a writ of prohibition against the commission concerning the commission's request to obtain certain documents to be used for appraisal purposes.

The commission appeals, claiming, among its assignments...

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