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UNION PACIFIC R. CO. v. UTAH

Nos. 97-4197, 98-4002.

198 F.3d 1201 (1999)

UNION PACIFIC RAILROAD COMPANY and Utah Railway Company, Plaintiffs-Appellees, v. STATE OF UTAH; Utah State Tax Commission; Beaver County; Box Elder County; Cache County; Carbon County; Davis County; Emery County; Grand County; Iron County; Juab County; Millard County; Morgan County; Salt Lake County; Summit County; Tooele County; Utah County; Wasatch County; Washington County; Weber County; Monte Munns; Karen Jeppesen; Marilyn Graham; Mark Altom; Joanne Behling; Grace Eastin; Merna Mitchell; Jean Bowles; Mary Day; Gloria Anderson; Larry Richardson; Glen Thompson; Valerie Lee; Leonard Ellis; Karolyn Kirkham; Alis Ritz; Nila Dayton, county defendants, Defendants, and W. Val Oveson; Richard B. McKeown; Joe B. Pacheco, Jr.; Pam Hendrickson, Alice Shearer, state defendants, Defendants-Appellants. United States of America, Intervener.

United States Court of Appeals, Tenth Circuit.

December 3, 1999.

Attorney(s) appearing for the Case

John C. McCarrey, Assistant Attorney General (Kelly W. Wright, Special Assistant Attorney General and Michelle Bush, Assistant Attorney General, with him on the briefs), Salt Lake City, Utah, appearing for Defendants-Appellants.

Robert A. Peterson (Kevin Joseph Simon of Giauque, Crockett, Bendinger & Peterson with him on the brief), of Giauque, Crockett, Bendinger & Peterson, Salt Lake City, Utah, appearing for Plaintiffs-Appellees.

Stephanie R. Marcus (Mark B. Stern, Department of Justice, Washington, D.C., with her on the brief) of the Department of Justice, Washington, D.C., for Intervener.

Before Chief Judge, and Circuit Judges.

SEYMOUR, Chief Judge.

Union Pacific Railroad Company and Utah Railway Company (the Railroads) brought separate actions for injunctive and declaratory relief against the State of Utah, the Utah State Tax Commission and the Tax Commissioners (State defendants), and various Utah counties and the treasurers of these counties (County defendants) under the Railroad Revitalization and Regulatory Reform Act (4-R Act), 49 U.S.C. § 11501 (1994). The Railroads...

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