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BURLINGTON NORTHERN v. SUPERIOR

Nos. 88-0701, 88-0702, 88-0703, 88-0704, 88-0705, 88-0706.

149 Wis.2d 190 (1989)

441 N.W.2d 234

BURLINGTON NORTHERN, INC., Burlington Northern Railroad Company, and Burlington Northern Dock Corporation, Plaintiffs-Respondents-Cross Appellants, v. CITY OF SUPERIOR, Wisconsin, Defendant-Appellant-Cross Respondent.

Court of Appeals of Wisconsin.

Decided February 7, 1989.

Attorney(s) appearing for the Case

For defendant-appellant-cross respondent there were briefs submitted by James F. Lorimer and Bonnie A. Wendorff of Boardman, Suhr, Curry & Field of Madison.

For plaintiffs-respondents and cross appellants there were briefs submitted by Robert A. Schnur and Ellen M. Pokrass of Michael, Best & Friedrich of Milwaukee.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

This case involves claims regarding tax refunds brought by Burlington Northern Railroad Company, f/k/a/ Burlington Northern, Inc., and Burlington Northern Dock Corporation (hereinafter Burlington Northern) against the city of Superior to recover occupational taxes paid pursuant to sec. 70.40(1), Stats., for the tax years of 1977 through 1985.1 In Burlington Northern, Inc. v. City of Superior, 131 Wis...

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