BURLINGTON NORTHERN v. CITY OF SUPERIOR, WIS.

No. 92-1111.

962 F.2d 619 (1992)

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

United States Court of Appeals, Seventh Circuit.

Decided May 1, 1992.

Rehearing Denied June 19, 1992.


Attorney(s) appearing for the Case

James W. McBride, Anne M. Stolee, Laughlin, Halle, McBride, Lunsford & Fletcher, Washington, D.C., for plaintiff-appellee.

Jon C. Nordenberg, James F. Lorimer, Boardman, Suhr, Curry & Field, Madison, Wis., for defendant-appellant.

Before POSNER, FLAUM, and KANNE, Circuit Judges.


PER CURIAM.

The appellee (Burlington Northern) has asked us to dismiss this appeal and to impose sanctions against the appellant (the City of Superior) under Fed.R.App.P. 38 for filing a frivolous appeal. The railroad had sued the city, claiming that the city's tax on docks that load iron-ore concentrates violated the Railroad Revitalization and Regulatory Reform Act of 1976, 49 U.S.C. § 11503, which forbids states or their subdivisions to impose taxes that discriminate...

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