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OGILVIE v. STATE BD. OF EQUALIZATION

Civ. No. A3-80-134.

893 F.Supp. 882 (1995)

Richard B. OGILVIE, Trustee of the property of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, a corporation; and Burlington Northern, Inc., a corporation, Plaintiffs, v. The STATE BOARD OF EQUALIZATION OF the STATE OF NORTH DAKOTA, an Administrative Board or Agency of the State of North Dakota, Defendant.

United States District Court, D. North Dakota, Southeastern Division.

June 9, 1995.

Attorney(s) appearing for the Case

Leo F.J. Wilking, Nilles, Hansen & Davies, Ltd., Fargo, ND, for plaintiffs.

Robert W. Wirtz, Asst. Atty. Gen., State of N.D., Bismarck, ND, for defendant.

MEMORANDUM AND ORDER

BENSON, Senior District Judge.

Burlington Northern Railroad Company ("Burlington Northern") filed a "Motion for Show Cause Order" on April 20, 1995, asking the court to hold Defendant in contempt for violating an order of this court. The court received affidavits and briefs from both sides and heard oral arguments on May 25, 1995. The question presented is whether the Supreme Court's decision in Department of Revenue of Oregon v....

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