Legal Opinion

Missouri Pacific Railroad v. Kirkpatrick

Supreme Court of Missouri

Decided May 31, 1983No. 64190PublishedCited by 7 opinions

1Opinion of the Court

GUNN, Judge.

Lying in the heart of this appeal is a test of the constitutional validity of § 351.600.3, RSMo Supp.1982 as it relates to domestication taxes based on a foreign corporation’s property within Missouri. Plaintiff-appellant Missouri Pacific Railroad Company (MoPac) sought declaratory and injunctive relief against defendants’ attempt to collect taxes allegedly owed by virtue of § 351.-600.3. The trial court denied MoPae’s request for relief and found that it owed taxes in the sum of $96,660 together with interest thereon.

We find that the challenged provisions of § 351.600.3 cannot…

2Cases cited15 opinions

  1. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  2. Paul v. VirginiaSupreme Court of the United States · 1869
  3. Western & Southern Life Ins. Co. v. State Bd. of Equalization of Cal.Supreme Court of the United States · 1981
  4. Southern Railway Co. v. GreeneSupreme Court of the United States · 1910
  5. Philadelphia Fire Assn. v. New YorkSupreme Court of the United States · 1886

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3Cited by7 opinions

  1. State v. BouserMissouri Court of Appeals · 2000
  2. Pipe Fabricators, Inc. v. Director of RevenueSupreme Court of Missouri · 1983
  3. State ex rel. Classics Tavern Co. v. McMahonMissouri Court of Appeals · 1990
  4. City of St. Louis v. Western Union Telegraph Co.Missouri Court of Appeals · 1988
  5. Gage & Tucker v. Director of RevenueSupreme Court of Missouri · 1989

2 more not listed; retrieve them via the Exa API.

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