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BURLINGTON NORTHERN v. STATE TAX COM'N

No. 98-3544, 98-3993.

188 F.3d 1039 (1999)

BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, Appellant, v. STATE TAX COMMISSION, Missouri; Van E. Donley, member of the Missouri State Tax Commission; Bruce E. Davis, member of the Missouri State Tax Commission; Douglas W. Burnett, member of the State Tax Commission, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed September 1, 1999.

Attorney(s) appearing for the Case

Paul J. Mooney, Phoenix, AZ, argued (William C. Odle, Kansas City, MO; Jim L. Wright, Phoenix, AZ; Laurence E. Garrett, Schaumburg, IL, on the brief), for Appellant.

Gary L. Gardner, Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Attorney General, on the brief), for Appellee.

Before McMILLIAN, LOKEN and MURPHY, Circuit Judges.

McMILLIAN, Circuit Judge.

Burlington Northern & Santa Fe Railway Co. (BNSR) appeals from two final orders entered in the United States District Court 1 for the Western District of Missouri, one denying BNSR's application for preliminary injunction and the other granting summary judgment in favor of the Missouri State Tax Commission (the State). See Burlington Northern and Santa Fe Ry. v. State Tax Comm'n, Case No. 98-0760-CV...

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