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UNION PACIFIC R. v. DEPARTMENT OF REVENUE

Nos. 86-4212, 87-3554.

920 F.2d 581 (1990)

UNION PACIFIC RAILROAD COMPANY, et al., Plaintiffs-Appellants, v. DEPARTMENT OF REVENUE OF the STATE OF OREGON and the State of Oregon, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 4, 1990.

Attorney(s) appearing for the Case

Eugene A. Ritti, Hawley, Troxell, Ennis & Hawley, Boise, Idaho, for plaintiffs-appellants.

Michael D. Reynolds, Asst. Sol. Gen., Marilyn J. Harbur, Asst. Atty. Gen., Tax Section, Salem, Or., for defendants-appellees.

Paul Snider, Ass'n of Oregon Counties, Salem, Or., for intervenors-appellees.

Before SCHROEDER, POOLE and NELSON, Circuit Judges.

POOLE, Circuit Judge:

Appellant Union Pacific Railroad Company, et al. ("Union Pacific"), originally joined by Burlington Northern Railroad Company, brought separate actions in federal court alleging discriminatory taxation by the state of Oregon during the 1985 and 1986 tax years in violation of the Railroad Revitalization and Regulatory Reform Act, 49 U.S.C. § 11503 ("the Act").1 Union Pacific's complaint pertaining to the 1985...

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