| 1 |
Filed: 6/12/1992, Entered: 6/12/1992 |
Complaint |
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COMPLAINT #74693; Injunctive & Declaratory relief (State Ad Valorem Tax Discrimination) (former employee)
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| 2 |
Filed: 6/12/1992, Entered: 6/12/1992 |
Summons Issued |
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Summons issued as to defendant Richard A Munn (former employee)
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| 3 |
Filed: 6/12/1992, Entered: 6/12/1992 |
Summons Issued |
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Summons issued as to defendant State of Oregon-Revenue Dept. (former employee)
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| 4 |
Filed: 6/12/1992, Entered: 6/12/1992 |
Discovery order |
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ORDER: discovery ddl set for 10/12/92; setting pretrial order ddl for 11/9/92 (former employee)
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| 5 |
Filed: 6/12/1992, Entered: 6/12/1992 |
Order |
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OPENING CONFERENCE ORDER filed. (former employee)
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| 6 |
Filed: 6/12/1992, Entered: 6/12/1992, Terminated: 6/29/1992 |
Motion for Temporary Restraining Order |
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MOTION by plaintiffs' for temporary restraining order and application for preliminary injunction ; o/a req. (former employee)
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| 7 |
Filed: 6/12/1992, Entered: 6/12/1992 |
Memorandum in Support |
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MEMORANDUM by plaintiffs' in support of motion for temporary restraining order and application for preliminary injunction [6-1] (former employee)
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| 8 |
Filed: 6/12/1992, Entered: 6/12/1992 |
Affidavit |
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AFFIDAVIT by plaintiff of Dick Netzer re motion for temporary restraining order and application for preliminary injunction [6-1] (former employee)
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| 9 |
Filed: 6/16/1992, Entered: 6/17/1992 |
Motion Hearing |
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RECORD OF ORD: setting motion for temporary restraining order and application for preliminary injunction [6-1] M/C 6/29/92, 2:00. ntfd Honorable Owen M. Panner Court Rptr none (former employee)
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| 10 |
Filed: 6/18/1992, Entered: 6/19/1992 |
Return of service executed |
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Return of service executed upon defendant Richard A Munn on 6/15/92 (former employee)
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| 11 |
Filed: 6/18/1992, Entered: 6/19/1992 |
Return of service executed |
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Return of service executed upon defendant State of Oregon-Reve on 6/15/92 (former employee)
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| 12 |
Filed: 6/22/1992, Entered: 6/22/1992 |
Notice |
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NOTICE by plaintiffs of application for temporary restraining ord upon defts. (former employee)
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| 13 |
Filed: 6/23/1992, Entered: 6/23/1992 |
Motion Hearing |
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RECORD OF ord resetting motion for temporary restraining order and application for preliminary injunction [6-1] from 2pm on 6/29 to 11am. ntfd Honorable Owen M. Panner Court Rptr none (former employee)
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| 14 |
Filed: 6/29/1992, Entered: 6/29/1992 |
Description not available |
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ANSWER by defts' State of Oregon-Revenue & Richard A Munn (former employee)
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| 15 |
Filed: 6/29/1992, Entered: 6/30/1992 |
Motion Hearing |
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RECORD OF tro hearing. ORD denying motion for temporary restraining order [6-1] ntfd Honorable Owen M. Panner Court Rptr Sandra Gran (former employee)
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| 16 |
Filed: 7/10/1992, Entered: 7/10/1992 |
Transcript |
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TRANSCRIPT of proceedings had 6/29/92 (Vol. I) before the Honorable Owen M Panner filed (former employee)
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| 17 |
Filed: 8/20/1992, Entered: 8/20/1992, Terminated: 2/23/1993 |
Motion for Limited Admission |
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MOTION by pltfs' Burlington Northern, Portland Terminal Ra for limited admission of Stephen D. Goodwin (former employee)
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| 18 |
Filed: 8/20/1992, Entered: 8/20/1992 |
Affidavit |
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AFFIDAVIT by pltfs' Burlington Northern, Portland Terminal Ra of David L. Canary re motion for limited admission of Stephen D. Goodwin [17-1] (former employee)
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| 19 |
Filed: 8/20/1992, Entered: 8/20/1992 |
Affidavit |
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AFFIDAVIT by pltfs' Burlington Northern, Portland Terminal Ra of Stephen D. Goodwin re motion for limited admission of Stephen D. Goodwin [17-1] (former employee)
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| 20 |
Filed: 8/20/1992, Entered: 8/20/1992, Terminated: 8/24/1992 |
Motion for Limited Admission |
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MOTION by pltfs' Burlington Northern, Portland Terminal Ra for limited admission of James W. McBride (former employee)
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| 21 |
Filed: 8/20/1992, Entered: 8/20/1992 |
Affidavit |
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AFFIDAVIT by pltfs' Burlington Northern, Portland Terminal Ra of David L. Canary re motion for limited admission of James W. McBride [20-1] (former employee)
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| 22 |
Filed: 8/20/1992, Entered: 8/20/1992 |
Affidavit |
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AFFIDAVIT by pltfs' Burlington Northern, Portland Terminal Ra of James W. McBride re motion for limited admission of James W. McBride [20-1] (former employee)
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| 23 |
Filed: 8/20/1992, Entered: 8/20/1992 |
Certificate of Service |
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Certificate of service by plaintiffs' of documents [17-22]. (former employee)
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| 24 |
Filed: 8/24/1992, Entered: 8/25/1992 |
Motion Hearing |
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RECORD OF ord granting plaintiff's motion for limited admission of James W. McBride [20-1] ntfd Honorable Owen M. Panner Court Rptr none (former employee)
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| 25 |
Filed: 9/14/1992, Entered: 9/14/1992, Terminated: 9/16/1992 |
Motion for Stay |
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JOINT MOTION by parties to stay proceedings (former employee)
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| 26 |
Filed: 9/16/1992, Entered: 9/16/1992, Terminated: 9/16/1992 |
Order |
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ORDER granting joint motion to stay proceedings [25-1] . Matter is STAYED until further order of this Court. Clerk's discovery & pretrial scheduing order of 5/13/92 is VACATED. Within 30 days following the final resolution of ACF Inds v Dept. of Revenue, counsel shall confer or file a stipulation for dismissal or alternatively shall contact the Court to schedule a conference for the further scheduling of trial progression in this case. , ntfd Signed 9/16/92 Honorable Owen M. Panner (former employee)
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| 27 |
Filed: 9/17/1992, Entered: 9/17/1992 |
Order |
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ORDER that Gregory J. Miner & firm of Bogle & Gates may withdraw as counsel for pltf and that David L. Canary & firm of Garvey, Schubert, et. al. be substituted as counsel of record for pltf in this matter. ntfd Signed 9/17/92 Honorable Owen M. Panner (former employee)
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| 28 |
Filed: 11/10/1992, Entered: 11/12/1992 |
Motion |
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STIPULATION by Plaintiffs for payment of disputed taxes into escrow account (former employee)
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| 29 |
Filed: 11/13/1992, Entered: 11/13/1992, Terminated: 11/13/1992 |
Order |
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CONSENT ORDER APPROVING payment of disputed taxes into escrow account [28-1] Signed 11/13/92 by Honorable Owen M. Panner (cc: Counsel notified) (former employee)
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| 30 |
Filed: 2/23/1993, Entered: 2/23/1993 |
Motion Hearing |
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RECORD OF PROCEEDINGS before Honorable Owen M. Panner GRANTING MOTION for limited admission of Stephen D. Goodwin [17-1] (cc: Counsel notified) (cpriestley)
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| 31 |
Filed: 6/10/1993, Entered: 6/14/1993 |
Case Reassignment Notice |
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NOTICE of Reassignment to Honorable Robert C. Belloni (former employee)
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| 32 |
Filed: 5/13/1994, Entered: 5/17/1994 |
Motion for Order |
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MOTION by Plaintiff Burlington Northern FOR ORDER OF DISBURSMENT OF FUNDS FROM ESCROW AND FOR PARTIAL SUMMARY JUDGMENT ON ISSUE OF STATUTORY INTEREST Oral Argument Requested (former employee)
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| 33 |
Filed: 5/13/1994, Entered: 5/17/1994 |
Memorandum in Support |
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MEMORANDUM IN SUPPORT by Plaintiffs of MOTION FOR ORDER OF DISBURSMENT OF FUNDS FROM ESCROW [32-1], of MOTION FOR PARTIAL SUMMARY JUDGMENT ON ISSUE OF STATUTORY INTEREST [32-2] (former employee)
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| 34 |
Filed: 5/13/1994, Entered: 5/17/1994 |
Concise Statement of Material Fact |
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STATEMENT OF FACTS by Plaintiffs in support of MOTION FOR ORDER OF DISBURSMENT OF FUNDS FROM ESCROW [32-1], in support of MOTION FOR PARTIAL SUMMARY JUDGMENT ON ISSUE OF STATUTORY INTEREST [32-2] (former employee)
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| 35 |
Filed: 5/19/1994, Entered: 5/19/1994, Terminated: 5/24/1994 |
Motion for Extension of Time to Answer a Complaint |
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MOTION by Defendant OR Dept Revenue TO EXTEND TIME TO ANSWER TO FILE DEFENDANTS' RESPONSE RE DISBURSEMENT (cpriestley)
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| 36 |
Filed: 5/24/1994, Entered: 5/26/1994 |
Motion Hearing |
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RECORD OF PROCEEDINGS before Honorable Robert C. Belloni GRANTING MOTION TO EXTEND TIME TO ANSWER TO FILE DEFENDANTS' RESPONSE RE DISBURSEMENT [35-1] (cc: Counsel notified) (cpriestley)
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| 37 |
Filed: 6/7/1994, Entered: 6/7/1994 |
Motion Hearing |
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RECORD OF PROCEEDINGS before Honorable Robert C. Belloni GRANTING MOTION TO EXTEND TIME TO ANSWER TO FILE DEFENDANTS' RESPONSE RE DISBURSEMENT [35-1] (cc: Counsel notified) (cpriestley)
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| 38 |
Filed: 6/7/1994, Entered: 6/8/1994, Terminated: 8/25/1994 |
Motion |
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STIPULATED MOTION by Defendants FOR AN ORDER DISBURSING FUNDS FROM ESCROW , and FOR PARTIAL SUMMARY JUDGMENT REQUIRING PLAINTIFFS TO PAY STATUTORY INTEREST (former employee)
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| 39 |
Filed: 6/7/1994, Entered: 6/8/1994 |
Memorandum in Support |
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MEMORANDUM IN SUPPORT by Defendants of CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT REQUIRING PLAINTIFFS TO PAY STATUTORY INTEREST [38-2] (former employee)
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| 41 |
Filed: 6/8/1994, Entered: 6/10/1994 |
Court Trial - Begun |
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RECORD OF ORDER Counsel to submit a status report 6/21/94 by Honorable Robert C. Belloni (counsel notified) (cpriestley)
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| 40 |
Filed: 6/9/1994, Entered: 6/10/1994 |
Concise Statement of Material Fact |
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STATEMENT OF FACTS under Local Rule 220-9 by Defendant OR Dept Revenue (cpriestley)
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| 42 |
Filed: 6/16/1994, Entered: 6/20/1994 |
Motion for Extension of Time |
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MOTION by Plaintiffs TO EXTEND TIME TO RESPOND TO Defendants PARTIAL S/J MOTION [38-2] (former employee)
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| 43 |
Filed: 6/16/1994, Entered: 6/20/1994 |
Affidavit |
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AFFIDAVIT by Plaintiffs of David L Canary in support of MOTION TO EXTEND TIME TO RESPOND TO Defendants PARTIAL S/J MOTION [38-2] [42-1] (former employee)
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| 44 |
Filed: 6/22/1994, Entered: 6/27/1994 |
Court Trial - Begun |
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RECORD OF ORDER by Honorable Robert C. Belloni GRANTING MOTION TO EXTEND TIME TO RESPOND TO 6/24/94 TO Defendants PARTIAL S/J MOTION [38-2] [42-1] (counsel notified) (cpriestley)
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| 45 |
Filed: 6/24/1994, Entered: 6/28/1994 |
Reply to Motion |
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REPLY by Plaintiff Burlington Northern, Plaintiff Portland Terminal RR re MOTION FOR PARTIAL SUMMARY JUDGMENT REQUIRING PLAINTIFFS TO PAY STATUTORY INTEREST [38-2] (cpriestley)
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| 46 |
Filed: 6/24/1994, Entered: 6/28/1994 |
Response |
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RESPONSE by Plaintiffs Burlington Northern, Portland Terminal RR to [40-1] statement of facts under local Rule 220-10 (cpriestley)
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| 47 |
Filed: 6/24/1994, Entered: 6/28/1994 |
Affidavit |
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AFFIDAVIT by Plaintiff Burlington Northern, Plaintiff Portland Terminal RR of Stephen Goodwin MOTION FOR PARTIAL SUMMARY JUDGMENT REQUIRING PLAINTIFFS TO PAY STATUTORY INTEREST [38-2] (cpriestley)
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| 48 |
Filed: 7/11/1994, Entered: 7/15/1994 |
Reply to Motion |
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REPLY by Defendant OR Dept Revenue, Defendant Richard A Munn re MOTION FOR PARTIAL SUMMARY JUDGMENT REQUIRING PLAINTIFFS TO PAY STATUTORY INTEREST [38-2] AND RESPONSE TO PLAINTIFFS' MEMORANDUM (cpriestley)
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| 49 |
Filed: 7/18/1994, Entered: 7/25/1994 |
Motion Hearing |
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RECORD OF PROCEEDINGS before Honorable Robert C. Belloni TAKING UNDER ADVISEMENT on 7/18/94 MOTION FOR AN ORDER DISBURSING FUNDS FROM ESCROW [38-1], TAKING UNDER ADVISEMENT on 7/18/94 MOTION FOR PARTIAL SUMMARY JUDGMENT REQUIRING PLAINTIFFS TO PAY STATUTORY INTEREST [38-2], TAKING UNDER ADVISEMENT on 7/18/94 MOTION FOR ORDER OF DISBURSMENT OF FUNDS FROM ESCROW [32-1], TAKING UNDER ADVISEMENT on 7/18/94 MOTION FOR PARTIAL SUMMARY JUDGMENT ON ISSUE OF STATUTORY INTEREST [32-2] (cc: Counsel notified) (cpriestley)
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| 50 |
Filed: 8/25/1994, Entered: 8/25/1994, Terminated: 8/25/1994 |
Order |
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OPINION re MOTION FOR ORDER OF DISBURSMENT OF FUNDS FROM ESCROW [32-1], and MOTION FOR PARTIAL SUMMARY JUDGMENT ON ISSUE OF STATUTORY INTEREST [32-2] are DENIED. MOTION FOR AN ORDER FUNDS FROM ESCROW [38-1], and MOTION FOR PARTIAL SUMMARY JUDGMENT REQUIRING PLAINTIFFS TO PAY STATUTORY INTEREST [38-2] are GRANTED. The funds in the escrow account shall be disbursed to plaintiffs. Plaintiffs shall pay the unpaid balance of the 1992 ad valorem property taxes, plus interest at the rate set forth in ORS 311.500 and 311.505. The parties shall abide by the court's ruling for all tax years at issue. (See formal opinion) Signed 8/25/94 by Honorable Robert C. Belloni (entered 8/25/94) (counsel notified) (former employee)
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| 51 |
Filed: 8/25/1994, Entered: 8/25/1994, Terminated: 8/25/1994 |
Order |
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ORDER by Honorable Robert C. Belloni GRANTING MOTION FOR AN ORDER DISBURSING FUNDS FROM ESCROW [38-1], and GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT REQUIRING PLAINTIFFS TO PAY STATUTORY INTEREST [38-2]. ORDER DENYING MOTION FOR ORDER OF DISBURSMENT OF FUNDS FROM ESCROW [32-1], and DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT ON ISSUE OF STATUTORY INTEREST [32-2] Signed 8/25/94 (See formal order) (counsel notified) (Entered 8/25/94) (former employee)
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Filed: 9/23/1994, Entered: 9/26/1994 |
Fee Paid |
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RECEIVED APPEAL fee from Burlington Northern RR and Portland Terminal RR in amount of $105.00 (Receipt # 152021) (tomg)
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| 52 |
Filed: 9/23/1994, Entered: 9/26/1994 |
Notice of Appeal |
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NOTICE OF APPEAL to Court of Appeals by Plaintiff Burlington Northern, Plaintiff Portland Terminal RR from the order denying Plaintiffs' motion for disbursement of funds and for Partial Summary Judgment, order granting Defendants' Motions for disburseemnt of funds and for Partial Summary Judgment entered in this action on 8/25/94. (cpriestley)
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Filed: 9/26/1994, Entered: 9/26/1994 |
Notification of Appeal Sent |
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NOTIFICATION OF APPEAL mailed to Court of Appeals For the Ninth Circuit and to counsel along with copy of appealed document and docket sheet. (tomg)
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| 53 |
Filed: 10/3/1994, Entered: 10/4/1994 |
USCA Docket Number |
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NOTIFICATION by US Court of Appeals for the Ninth Circuit of Docket Number 94-35949 by Plaintiffs regarding [52-1] (cpriestley)
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| 54 |
Filed: 10/21/1994, Entered: 10/21/1994, Terminated: 12/4/1996 |
Transcript Designation and Order Form |
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TRANSCRIPT DESIGNATION AND ORDERING FORM for date(s) 7/18/94 appeal [52-1] (cpriestley)
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| 55 |
Filed: 11/14/1994, Entered: 11/15/1994 |
Motion for judgment |
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JOINT MOTION by Plaintiffs Burlington Northern, Portland Terminal RR, Defendants OR Dept Revenue, Richard A Munn FOR ENTRY OF JUDGMENT (cpriestley)
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| 56 |
Filed: 11/16/1994, Entered: 11/17/1994 |
Order |
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Final Judgment JUDGMENT GRANTING MOTION FOR ENTRY OF JUDGMENT [55-1] Ordered judgment be entered in favor of the Defendants. The Plaintiffs shall make the tax payments required by this court's order of 8/25/94. Signed 11/16/94 microfilmed 11/17/94 Honorable Robert C. Belloni (cc: Counsel notified) (cpriestley)
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| -- |
Filed: 11/18/1994, Entered: 11/21/1994 |
Transcript |
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TRANSCRIPT of Pending Motions Hearing before Honorable Robert C. Belloni ORIGINAL TRANSCRIPT FILED AS DOCUMENT #34 IN CV-91-1192-BE (former employee)
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| 57 |
Filed: 12/8/1994, Entered: 12/8/1994, Terminated: 12/4/1996 |
Certificate of Record by Clerk to USCA |
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CERTIFICATE OF RECORD transmitted to US Court of Appeals for the Ninth Circuit re appeal CA 94-35949 [52-1] filed by Burlington Northern on 9/23/94. (tomg)
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Filed: 12/15/1994, Entered: 12/21/1994 |
Fee Paid |
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RECEIVED APPEAL fee from Burlington Northern in amount of $105.00 (Receipt # 152820) (tomg)
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| 58 |
Filed: 12/15/1994, Entered: 12/15/1994, Terminated: 12/28/1995 |
Notice of Appeal |
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NOTICE OF APPEAL to Court of Appeals by Plaintiff Burlington Northern, Plaintiff Portland Terminal RR from the final judgment of the United States for the District Oregon [56-2] (cpriestley)
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| 59 |
Filed: 12/19/1994, Entered: 12/19/1994, Terminated: 12/4/1996 |
USCA Order |
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CERTIFIED COPY OF ORDER from the US Court of Appeals for the Ninth Circuit [52-1] (94-35949) vacating previously set briefing schedule, setting new one. This appeal to be calendated with the appeals in 88-1169-BE and 91-1192-BE. The clerk is requested to calendar them as soon as practicable after the completion of briefing. (kb)
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| -- |
Filed: 12/21/1994, Entered: 12/21/1994 |
Notification of Appeal Sent |
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NOTIFICATION OF APPEAL mailed to Court of Appeals For the Ninth Circuit and to counsel along with copy of appealed document and docket sheet. (tomg)
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| 60 |
Filed: 1/3/1995, Entered: 1/3/1995, Terminated: 12/4/1996 |
USCA Docket Number |
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NOTIFICATION by US Court of Appeals for the Ninth Circuit of Docket Number 94-36238 by Plaintiffs regarding [58-1] (cpriestley)
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| 61 |
Filed: 1/3/1995, Entered: 1/4/1995 |
USCA Order |
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CERTIFIED COPY OF ORDER from the US Court of Appeals for the Ninth Circuit [58-1] C/A#94-36338 Opening brief 4/3/95 Brief of appellee 5/2/94 C/A (cpriestley)
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| 62 |
Filed: 1/23/1995, Entered: 1/23/1995, Terminated: 12/4/1996 |
USCA Order |
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CERTIFIED COPY OF ORDER from the US Court of Appeals for the Ninth Circuit [60-1] C/A#94-35949. These appeals are stayed pending disposition of appeals #94-35939, 94-35941, 94-36238. Within 10 days of termination of the stay, counsel for appellants shall contact the court mediator. C/A (cpriestley)
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| 63 |
Filed: 3/16/1995, Entered: 3/16/1995, Terminated: 12/4/1996 |
Certificate of Record by Clerk to USCA |
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CERTIFICATE OF RECORD transmitted to US Court of Appeals for the Ninth Circuit re appeal CA 94-36238 [58-1] filed by Burlington Northern on 12/15/94. (tomg)
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Filed: 4/3/1995, Entered: 4/3/1995, Terminated: 12/4/1996 |
Appeal Record Sent to USCA |
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CLERK'S RECORD on appeal (photocopy of transcript 34 from case CV 91-1192 only) transmitted to US Court of Appeals for the Ninth Circuit regarding appeal CA 94-36238 [58-1] (tomg)
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| 64 |
Filed: 12/28/1995, Entered: 12/28/1995, Terminated: 12/4/1996 |
Mandate |
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MANDATE/JUDGMENT from USCA REVERSING AND REMANDING the Decision of the District Court [Appeal [58-1] C/A#94-36238. In sum, we hold that the railroads must pay interest at the rates provided for by 28USC 1961, calculated from the date the taxes would have ordinarily been due. Interest shall be computed daily from the date until a the date they actually paid to the state. We remand to the district court for the limited purposed of making the necessary interest calculations. C/A (cpriestley)
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| 65 |
Filed: 3/22/1996, Entered: 3/25/1996 |
Scheduling |
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RECORD OF ORDER by Honorable Michael R. Hogan Status conference set for 11:00 4/8/96 (counsel notified) (cpriestley)
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| 67 |
Filed: 4/2/1996, Entered: 4/9/1996 |
Case Reassignment Notice |
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NOTICE OF CASE REASSIGNMENT from Honorable Robert C. Belloni to Honorable Malcolm F. Marsh (counsel notified) (cpriestley)
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| 66 |
Filed: 4/8/1996, Entered: 4/9/1996 |
Scheduling |
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RECORD OF PROCEEDINGS before Honorable Robert C. Belloni reassign hrg to Honorable Malcolm F. Marsh final paper call ddl set for 1:00 6/14/96 conf held on 4/8/96 Record of Telephone Conference Counsel report case settled Court Reporter Robert Stimler (counsel notified) (cpriestley)
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| 68 |
Filed: 12/4/1996, Entered: 12/4/1996 |
Judgment |
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FINAL JUDGMENT - ORDERED - Each county shall make the payments to each of the plaintiffs as indicated on Exhibit A no later than 12/31/96. Payments will include additional daily interest at the rate of .000155% for the preiod between 11/15/96 & date of payment to the plaintiffs. The defendant will provide whatever assistance is necessary to the counties & the plaintiffs to effectuate the payment of the refunds & interest Signed 12/4/96 microfilmed 12/4/96 Honorable Malcolm F. Marsh (counsel notified) (former employee)
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Filed: 12/28/1998, Entered: 12/28/1998 |
Federal Records Center Information |
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CASE FILE SENT TO THE FRC Accession number 21-99-0013 Location number 03045207-03045519 Box 61 of 157 (tomg)
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