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BURLINGTON NORTHERN R. CO. v. JAMES

Civil No. 4-88-362.

725 F.Supp. 1058 (1989)

BURLINGTON NORTHERN RAILROAD CO. v. John JAMES, Commissioner of Revenue of the State of Minnesota.

United States District Court, D. Minnesota, Fourth Division.

August 11, 1989.

Attorney(s) appearing for the Case

James W. McBride, Laughlin, Halle, Bigson & McBride, Washington, D.C., Stephen D. Goodwin, Laughlin, Halle, Bigson & McBride, Memphis, Tenn., and Megan Ricke, Thomas W. Spence Law Firm, St. Paul, Minn., for plaintiff.

Barry R. Greller and Thomas O'Hern, Sp. Asst. Attys. Gen., St. Paul, Minn., for defendant.

John W. Windhorst, Jr., and William R. Goetz, Dorsey & Whitney, Minneapolis, Minn., for Duluth, Winnipeg & Pacific Railway Co., amicus curiae.

ORDER

ROSENBAUM, District Judge.

Introduction

Plaintiff, the Burlington Northern Railroad Company (BN), challenges the 1987 ad valorem tax assessed by defendant John James, Commissioner of Revenue of the State of Minnesota (Commissioner). BN contends the method by which the assessed value of its railroad operating property was computed effectively imposed a tax on a portion of BN's personal property, while the personal property of other...

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