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BURLINGTON NORTHERN, SANTA FE RY. CO. v. LOHMAN

No. 99-1027.

193 F.3d 984 (1999)

BURLINGTON NORTHERN, SANTA FE RAILWAY COMPANY, Appellant, v. Janette M. LOHMAN, Director, Department of Revenue of the State of Missouri, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 22, 1999.

Attorney(s) appearing for the Case

Gary L. Gardner, Assistant Attorney General, Jefferson City, MO, argued, for Appellee.

James W. McBride, Washington, DC, argued (Anne M. Stolee, Washington, DC, James W. Erwin and Norbert Glassl, St. Louis, MO, on the brief), for Appellant.

Before: BEAM, HEANEY, and FAGG, Circuit Judges.

BEAM, Circuit Judge.

Burlington Northern Santa Fe Railway Company (Burlington Northern) appeals the district court's holding that the State of Missouri did not violate 49 U.S.C. § 11501(b)(4) of the Railroad Revitalization and Regulatory Reform Act (the 4-R Act) by discriminating against the railroads with sales and use taxes on fuel. Although we find the district court seems to have used the proper comparison class, we find that it improperly reviewed the entire...

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