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BURLINGTON NORTHERN R. CO. v. DEPT. OF REVENUE

No. 92-36774.

23 F.3d 239 (1994)

BURLINGTON NORTHERN RAILROAD COMPANY, Plaintiff-Appellant, v. DEPARTMENT OF REVENUE OF the STATE OF WASHINGTON; William R. Wilkerson, in his capacity as Director of the Department of Revenue of the State of Washington, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 28, 1994.

Attorney(s) appearing for the Case

Gregory J. Fletcher, Heiskell, Donelson, Bearman, Adams, Williams & Kirsch, Memphis, TN, for plaintiff-appellant.

Cameron G. Comfort and James P. Richmond, Asst. Atty. Gen., Dept. of Revenue of the State of Washington, Olympia, WA, for defendants-appellees.

Before: HUG, HALL and THOMPSON, Circuit Judges.

Opinion by Judge Thompson.

DAVID R. THOMPSON, Circuit Judge:

The State of Washington valued Burlington Northern Railroad Company's transportation property within the state, for ad valorem tax purposes, at $412.4 million for tax year 1988 and $423.5 million for tax year 1989. Burlington Northern sued the state in district court under section 306 of the Railroad Revitalization and Regulatory Reform Act of 1976 (the Act), 49 U.S.C. § 11503 (1988)...

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