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BURLINGTON NORTHERN R. CO. v. JAMES

No. 89-5464MN.

911 F.2d 1297 (1990)

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

United States Court of Appeals, Eighth Circuit.

Decided August 22, 1990.

Attorney(s) appearing for the Case

James W. McBride, Washington D.C. (Anne M. Stollee, and Laughlin, Halle, Gibson & McBride, Washington, D.C., Stephen D. Goodwin, and Laughlin, Halle, Gibson & McBride, Memphis, Tenn., Megan W. Ricke and Thomas W. Spence, St. Paul, Minn., on the brief) for appellant Burlington Northern R. Co.

Barry R. Greller, Sp. Asst. Atty. Gen., St. Paul, Minn. (Hubert H. Humphrey, III, Atty. Gen., and Tax Litigation Div., St. Paul, Minn., on the brief) for appellee John James.

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

Before LAY, Chief Judge, JOHN R. GIBSON and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

Appellant Burlington Northern Railroad Company ("BN") appeals from an order entered August 11, 1989, in the District of Minnesota, James M. Rosenbaum, District Judge, dismissing BN's complaint on the ground that "its subject matter jurisdiction [was] limited to a determination of whether there is a rational basis and non-discriminatory purpose underlying the State of Minnesota's valuation methodology." Burlington Northern R.R. Co. v. James...

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