Burlington Northern Railroad Company, Plaintiff-appellant, v. Department of Revenue of the State of Washington, Defendant-appellee.andwilliam R. Wilkerson, in His Capacity As Director of Thedepartment of the State of Washington, Defendant, 952 F.2d 406 (9th Cir. 1991)

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US Court of Appeals for the Ninth Circuit - 952 F.2d 406 (9th Cir. 1991) Submitted Dec. 4, 1991. *Decided Dec. 17, 1991

Before EUGENE A. WRIGHT, DAVID R. THOMPSON, T.G. NELSON, Circuit Judges.


MEMORANDUM** 

Burlington Northern appeals the district court's denial of its motion for a preliminary injunction against collection of its 1989 taxes. The railroad argues that the reference of its motion to a special master was improper and that the order should be vacated. We vacate the order and remand for further proceedings for the reasons stated in our opinions in Burlington Northern R.R. Co. v. Department of Revenue, 934 F.2d 1064 (9th Cir. 1991) and Union Pacific R.R. Co. v. Department of Revenue, No. 91-35361, filed November 8, 1991.

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

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The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Ninth Circuit Rule 34-4

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This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3