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OREGON SHORT LINE R. CO. v. DEPT. OF REVENUE OREGON

Nos. 97-35025, 97-35088, 97-35089, 97-35113, 97-35181 to 97-35186.

139 F.3d 1259 (1998)

OREGON SHORT LINE RAILROAD COMPANY, Union Pacific Railroad Company; Oregon-Washington Railroad & Navigation Co., Plaintiffs-Appellees, v. DEPARTMENT OF REVENUE OREGON; State of Oregon, Defendants-Appellants. UNION PACIFIC RAILROAD COMPANY; Oregon Short Line Railroad Company; Oregon-Washington Railroad & Navigation Co., Plaintiffs-Appellees, v. DEPARTMENT OF REVENUE OREGON; State of Oregon, Defendants-Appellants. UNION PACIFIC RAILROAD COMPANY; Oregon-Washington Railroad & Navigation Co., Oregon Short Line Railroad Co., Plaintiffs-Appellees, v. DEPARTMENT OF REVENUE OREGON; State of Oregon, Defendants-Appellants. UNION PACIFIC RAILROAD COMPANY and its lessors; Oregon-Washington Railroad & Navigation Company, and Oregon Short Line Railroad Company, Plaintiffs-Appellees, v. DEPARTMENT OF REVENUE OREGON; State of Oregon, Defendants-Appellants. OREGON SHORT LINE RAILROAD COMPANY; Union Pacific Railroad Company; Oregon-Washington Railroad & Navigation Co., Plaintiffs-Appellees, v. DEPARTMENT OF REVENUE OREGON, Defendant-Appellant. OREGON SHORT LINE RAILROAD COMPANY; Union Pacific Railroad Company; Oregon-Washington Railroad & Navigation Co., Plaintiffs-Appellants, v. DEPARTMENT OF REVENUE OREGON, Defendant-Appellee. OREGON SHORT LINE RAILROAD COMPANY; Union Pacific Railroad Company; Oregon-Washington Railroad & Navigation Co., Plaintiffs-Appellants, v. DEPARTMENT OF REVENUE OREGON; State of Oregon, Defendants-Appellees. UNION PACIFIC RAILROAD COMPANY; Oregon Short Line Railroad Company; Oregon-Washington Railroad & Navigation Co., Plaintiffs-Appellants, v. DEPARTMENT OF REVENUE OREGON; State of Oregon, Defendants-Appellees. OREGON SHORT LINE RAILROAD COMPANY; Union Pacific Railroad Company; Oregon-Washington Railroad & Navigation Co., Plaintiffs-Appellants, v. DEPARTMENT OF REVENUE OREGON; State of Oregon, Defendants-Appellees. OREGON SHORT LINE RAILROAD COMPANY; Union Pacific Railroad Company; Oregon-Washington Railroad & Navigation Co., Plaintiffs-Appellants, v. DEPARTMENT OF REVENUE OREGON; State of Oregon, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 23, 1998.

Attorney(s) appearing for the Case

Richard D. Wasserman, Office of the Attorney General, Salem, Oregon, for appellants.

Eugene A. Ritti, Hawley Troxell Ennis & Hawley LLP, Boise, Idaho, for appellees-cross-appellants.

Before: FERNANDEZ, RYMER, and TASHIMA, Circuit Judges.

FERNANDEZ, Circuit Judge:

Union Pacific Railroad Company, Oregon Short Line Railroad Company and Oregon-Washington Railroad and Navigation Company (collectively "the Railroads"),1 brought a number of actions against the Department of Revenue of the State of Oregon and the State of Oregon (collectively "the State") in which the Railroads sought declaratory and injunctive relief under § 306 of the Railroad Revitalization and Regulatory...

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