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ATCHISON T. & S. F. RY. CO. v. BAIR

Civ. No. 81-473-A.

535 F.Supp. 68 (1982)

The ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, et al., Plaintiffs, v. Gerald D. BAIR, et al., Defendants.

United States District Court, S. D. Iowa, C. D.

February 2, 1982.

Attorney(s) appearing for the Case

Brent B. Green, Frank W. Davis, Jr., Julie J. McLean, Gamble, Riepe, Burt, Webster & Davis, Des Moines, Iowa, for plaintiffs.

Donald A. Wine, Stephen W. Roberts, Des Moines, Iowa, for defendant, Iowa Ry. Finance Authority.

Mark E. Schantz, Sol. Gen., Des Moines, Iowa, for defendant, Maurice E. Baringer, Treasurer of Iowa and Custodian of the Sp. R. R. Facility Fund.

Harry M. Griger, Sp. Asst. Atty. Gen., Des Moines, Iowa, for defendant, Gerald D. Bair, Director of Revenue and Iowa Dept. of Revenue.

Lester A. Paff, Asst. Atty. Gen., Ames, Iowa, for defendants, Raymond L. Kassell, Director of Transp., State Transp. Com'n, and State Dept. of Transp.

RULING AND ORDER

STUART, Chief Judge.

The Court has before it defendants' Motion to Dismiss, filed on October 13, 1981, and plaintiffs' Motion to Stay, filed on November 6, 1981. Both motions came on for oral argument before the Court on December 21, 1981. Having heard the arguments of counsel for both sides, and being otherwise fully advised in the premises, the Court enters the following Ruling and Order.

I. FACTS

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