UNION PACIFIC R. CO. v. STATE TAX COM'N OF UTAH

Nos. C-84-0839J, C-84-0840J and 82-C-0998J.

716 F.Supp. 543 (1988)

UNION PACIFIC RAILROAD COMPANY, a Utah corporation, and the Denver & Rio Grande Western Railroad Company, a Delaware corporation, Plaintiffs, v. STATE TAX COMMISSION OF UTAH and State of Utah, Defendants, and Salt Lake County, et al., Defendants in Intervention. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Plaintiff, v. STATE OF UTAH, et al., Defendants, and Salt Lake County, et al., Defendants in Intervention.

United States District Court, D. Utah, C.D.

December 19, 1988.


Attorney(s) appearing for the Case

Leonard J. Lewis, Robert A. Peterson and Eric C. Olson, VanCott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, for Union Pacific R. Co.

L. Ridd Larson and William A. Marshal, Salt Lake City, Utah, and Wm. E. Saul, San Francisco, Cal., for Southern Pacific Transp.

Stephen G. Schwendiman and Maxwell A. Miller, Asst. Attys. Gen., Bill Thomas Peters and Gary Thorup, Sp. Asst. Atty. Gen., Prince Yeates & Geldzahler, Salt Lake City, Utah, for defendants.


MEMORANDUM OPINION AND ORDER

JENKINS, Chief Judge.

The plaintiff railroads — Union Pacific (UP), the Denver & Rio Grande Western (D & RG) and Southern Pacific (SP) — brought these consolidated actions to challenge their ad valorem property tax assessments for 1984 and 1985 on the grounds that the assessments discriminated against them in violation of section 306 of the Railroad Revitalization...

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