BURLINGTON NORTHERN RAILROAD COMPANY, Duluth, Missabe & Iron Range Railway Company, et al., Plaintiffs-Appellants,
v.
WISCONSIN DEPARTMENT OF REVENUE, Defendant-Appellee.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued April 12, 1995.
Decided June 29, 1995.
Attorney(s) appearing for the Case
Ann Ustad Smith, Michael, Best & Friedrich, Madison, WI, James W. McBride (argued), Anne M. Stolee, Baker, Donelson, Bearman & Caldwell, Washington, DC, for plaintiffs-appellants Burlington Northern Railroad Co., Chicago & North Western Railway Co., Duluth, Missabe & Iron Range Railway Co., Duluth, Winnipeg & Pacific Railway Co., Escanaba & Lake Superior Railroad Co., Fox River Valley Railroad Corp., Fox Valley & Western Railroad Co., Green Bay & Western Railroad Co., Nicolet Badger Northern Railroad Co., Soo Line Railroad Co., Tomahawk Railway, Wisconsin Central, Ltd., Wisconsin & Calumet Railroad Co., Wisconsin & Southern Railroad Co., Marinette, Tomahawk & Western Railroad Co.
Peter C. Anderson, Asst. Atty. Gen. (argued), Office of Atty. Gen., Wisconsin Dept. of Justice, Madison, WI, for defendant-appellee Wisconsin Dept. of Revenue.
Before CUMMINGS and RIPPLE, Circuit Judges, and WILL, District Judge.
United States Court of Appeals, Seventh Circuit.
CUMMINGS, Circuit Judge.
In Oregon Dept. of Revenue v. ACF Industries, ___ U.S. ___, 114 S.Ct. 843, 127 L.Ed.2d 165 (1994), the Supreme Court held that a state's exemptions of various classes of non-railroad property from a generally applicable ad valorem property tax are not cognizable under the Railroad Revitalization and Regulatory Reform Act (the "Act"), 49 U.S.C. § 11503(b)(4). Plaintiffs — all...
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