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LOUISVILLE & NASHVILLE R. CO. v. PUBLIC SERVICE COM'N OF TENN.

No. 17180.

389 F.2d 247 (1968)

LOUISVILLE AND NASHVILLE RAIL-ROAD COMPANY, Plaintiff-Appellee, v. PUBLIC SERVICE COMMISSION OF TENNESSEE and the State Board of Equalization of Tennessee, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

February 14, 1968.

Attorney(s) appearing for the Case

Milton P. Rice, Asst. Atty. Gen., Nashville, Tenn., for appellants; George F. McCanless, Atty. Gen., State of Tennessee, Eugene Ward, Gen. Counsel, Public Service Commission, State of Tennessee, Nashville, Tenn., on brief.

David M. Keeble, Nashville, Tenn., for appellee; W. L. Grubbs, Philip M. Lanier, Louisville, Ky., Hooker, Keeble, Dodson & Harris, Nashville, Tenn., on brief.

Before PECK, and McCREE, Circuit Judges, and McALLISTER, Senior Circuit Judge.

McALLISTER, Senior Circuit Judge.

This action was brought by the Louisville and Nashville Railroad Company against the Public Service Commission of Tennessee, and the Tennessee State Board of Equalization, and others, to enjoin the certification and enforcement of tax assessments against the Railroad Company.

After an extended hearing, Judge William E. Miller held that the record of the case established a systematic...

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