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BNSF RY. CO. v. U.S.

No. 4:11-CV-455-A.

904 F.Supp.2d 604 (2012)

BNSF RAILWAY COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N.D. Texas, Fort Worth Division.

October 25, 2012.

Attorney(s) appearing for the Case

Mary B. Hevener, Robert R. Martinelli, Steven P. Johnson, Morgan Lewis & Bockius LLP, Washington, DC, Ellen L. Perlioni, Morgan Lewis & Bockius LLP, Dallas, TX, William F. Colgin, Jr., Morgan, Lewis & Bockius LLP, Palo Alto, CA, for Plaintiff.

Stephanie M. Page, Curtis C. Smith, US Department of Justice, Tax Division, Dallas, TX, for Defendant.

MEMORANDUM OPINION AND ORDER

JOHN McBRYDE, District Judge.

Before the court for decision are cross motions for summary judgment filed by plaintiff, BNSF Railway Company ("BNSF"), and defendant, United States of America. The court has concluded that BNSF's motion should be granted and the government's denied.

I.

Nature of the Litigation

A. The Refund Claims

This action was initiated on June 30, 2011...

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