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DEPARTMENT OF REVENUE v. BURLINGTON NORTHERN, INC.

No. 13090.

545 P.2d 1083 (1976)

The DEPARTMENT OF REVENUE of the State of Montana, Appellant, v. BURLINGTON NORTHERN INC., Respondent.

Supreme Court of Montana.

Decided January 29, 1976.

Attorney(s) appearing for the Case

R. Bruce McGinnis (argued), Helena, Poore, McKenzie, Roth, Robischon & Robinson, Butte, Robert A. Poore (argued), Butte, for appellant.

Gough, Booth, Shanahan & Johnson, Ward A. Shanahan (argued), Helena, for respondent.

JAMES T. HARRISON, Chief Justice.

This is an appeal from an order and judgment of the district court, Lewis and Clark County, affirming the order of the State Tax Appeal Board setting aside the 1974 assessment made by the Department of Revenue of the operating railroad properties of the Burlington Northern railroad system in Montana.

Burlington Northern (BN) operates an interstate railroad system, with lines extending into forty-eight counties of Montana....

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