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BURLINGTON NORTHERN R. CO. v. TRIPLETT

Civ. No. 3-87-561.

682 F.Supp. 443 (1988)

BURLINGTON NORTHERN RAILROAD COMPANY; Chicago and North Western Transportation Company; Dakota, Minnesota & Eastern Railroad Corporation; Duluth, Missabe & Iron Range Railway Company; Duluth, Winnipeg & Pacific Railway Company; Minnesota Commercial Railway Company; and Soo Line Railroad Company, Plaintiffs, v. Thomas J. TRIPLETT, Commissioner of Revenue of the State of Minnesota, Defendant.

United States District Court, D. Minnesota, Third Division.

April 1, 1988.

Attorney(s) appearing for the Case

Thomas W. Spence, St. Paul, Minn., and James W. McBride and Gregory G. Fletcher, Laughlin, Halle, Gibson & McBride, Memphis, Tenn., for plaintiffs.

Thomas M. O'Hern, Sp. Asst. Atty. Gen., St. Paul, Minn., for defendant.

MEMORANDUM AND ORDER

MAGNUSON, District Judge.

The plaintiffs, seven railroads, seek to enjoin the defendant, the Minnesota Commissioner of Revenue, from collecting fuel excise taxes under Minn.Stat. §§ 296.02, subd. 2a, and 296.025, subd. 2a.1 Specifically, they argue that these Minnesota taxes are prohibited by Section 306(1)(d) of the Railroad Revitalization and Regulatory Reform Act of 1976, codified at 49 U.S.C...

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