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IN RE AIR TRANSP. EXCISE TAX LITIGATION

No. 3-96 Civ. 453.

37 F.Supp.2d 1133 (1999)

In re AIR TRANSPORTATION EXCISE TAX LITIGATION.

United States District Court, D. Minnesota.

February 22, 1999.

Attorney(s) appearing for the Case

Chestnut & Brooks, P.A. by Karl L. Cambronne, and Plunkett, Schwartz, Peterson, P.A. by Hugh V. Plunkett III & Robert K. Shelquist, Minneapolis, MN, for plaintiffs.

Faegre & Benson LLP by John D. French, Minneapolis, MN, and Morgenstein & Jubelirer, LLP by Eliot S. Jubelirer, San Francisco, CA, for defendant.

ORDER

ALSOP, Senior District Judge.

This matter comes before the Court on the motion of Defendant Federal Express Corporation ("FedEx") for a judgment on the pleadings, FED.R.Civ.P. 12(c), or, alternatively, for summary judgment, FED. R.CIV.P. 56. For the reasons stated below, the Court will treat the motion as one for summary judgment and grant the motion. Also before the Court is Plaintiffs' motion to strike, as premature, the affidavits of two experts...

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