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MONTANA RAIL LINK, INC. v. U.S.

No. CV 92-79-M-CCL.

873 F.Supp. 1415 (1994)

MONTANA RAIL LINK, INCORPORATED, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Montana, Missoula Division.

October 18, 1994.

Attorney(s) appearing for the Case

Gerald W. Steinbrenner, Margaret L. Sanner, Milodragovich, Dale, Steinbrenner & Binney, Missoula, MT, for plaintiff.

Sherry S. Matteucci, Office of U.S. Atty., Billings, MT, Kris A. McLean, Office of U.S. Atty., Helena, MT, Thomas J. Sawyer, U.S. Dept. of Justice — Tax Div., Washington, DC, for defendant.

OPINION AND ORDER

LOVELL, District Judge.

This cause is before the court on the parties' cross motions for summary judgment. The motions have been briefed twice, the court ordering additional briefing in order that the parties respond to the United States Supreme Court's reversal of the Ninth Circuit decision Carlton v. United States, 972 F.2d 1051 (9th Cir.1992), rev'd, ___ U.S. ___, 114 S.Ct. 2018...

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