Union Pacific Railroad v. Minnesota Department of Revenue

WOLLMAN, Circuit Judge.

Union Pacific Railroad Company and Soo Line Railroad Company (“the Railroads”) appeal from the district court’s grant of summary judgment in favor of the Minnesota Commissioner of Revenue, the Minnesota Department of Revenue, and the State of Minnesota (hereinafter collectively referred to as “the State”). We reverse.

I

Minnesota imposes a sales or use tax of 6.5% on certain items purchased or consumed in the state. Minn.Stat. § § 297A.62, 297A.63 (2007). The Railroads are subject to these taxes when they purchase or consume transportation fuel in Minnesota, as are…