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BURLINGTON NORTHERN R.R. CO. v. CITY OF SUPERIOR, WIS.

No. 90-3086.

932 F.2d 1185 (1991)

BURLINGTON NORTHERN RAILROAD COMPANY, Plaintiff-Appellant, v. CITY OF SUPERIOR, WISCONSIN, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 20, 1991.

Attorney(s) appearing for the Case

Carol Skornicka, Michael, Best & Friedrich, Madison, Wis., Ellen M. Pokrass, Michael, Best & Friedrich, Milwaukee, Wis., James W. McBride, Anne M. Stolee, Laughlin, Halle, McBride, Lunsford & Fletcher, Washington, D.C., for plaintiff-appellant.

Bonnie A. Wendorff, Jon C. Nordenberg, James F. Lorimer, Boardman, Suhr, Curry & Field, Madison, Wis., for defendant-appellee.

Before POSNER, FLAUM and KANNE, Circuit Judges.

POSNER, Circuit Judge.

Captioned "Tax Discrimination Against Rail Transportation Property," section 306 of the Railroad Revitalization and Regulatory Reform Act of 1976, 49 U.S.C. § 11503, forbids states or their subdivisions to assess such property at a higher fraction of fair market value than they assess other commercial and industrial property; to levy or collect a tax based on such an assessment; to tax rail transportation property at a higher rate than...

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