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BURLINGTON NORTHERN R. CO. v. GREEN

Nos. 21604-21606, 21609-21611, 21613-21615, 21631.

624 N.W.2d 826 (2001)

2001 SD 48

BURLINGTON NORTHERN RAILROAD COMPANY, Plaintiff and Appellee, v. Shirley GREEN, Fall River County Treasurer, Defendant and Appellant, and Franklin Manke, Intervenor and Appellant.

Supreme Court of South Dakota.

Decided April 18, 2001.

Attorney(s) appearing for the Case

Mark F. Marshall, Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, Attorneys for appellee.

Lance Russell, Fall River County States Attorney, Hot Springs, SD, Attorney for appellant Fall River County.

Richard A. Pluimer, Belle Fourche, SD, Attorney for appellant Manke.

SABERS, Justice.

[¶ 1.] Burlington Northern Railroad Company (Burlington) instituted a refund action in circuit court to recover improperly collected taxes in Fall River County for the tax year 1993 (# 21604) (# 21605), and 1994 (# 21606). Franklin Manke, County Commissioner and a taxpayer in Fall River County, intervened and challenged the refund action. The circuit court granted summary judgment to Burlington. We...

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