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LOUISVILLE & NASHVILLE RAILROAD CO. v. ATKINS

Civ. No. 6962.

390 F.Supp. 576 (1975)

LOUISVILLE & NASHVILLE RAILROAD COMPANY v. Z. D. ATKINS et al.

United States District Court, M. D. Tennessee, Nashville Division.

March 12, 1975.

Attorney(s) appearing for the Case

Tyree B. Harris, Hooker, Keeble, Dodson & Harris, Nashville, Tenn., and Philip M. Lanier, and Robert C. Moore, Louisville, Ky., for plaintiffs.

Randolph A. Ashley, Jr., Atty. Gen., Nashville, Tenn., and Eugene W. Ward, Gen. Counsel, Public Service Comm., Nashville, Tenn., for defendants.

Before MILLER, Circuit Judge, GRAY, Chief District Judge, and MORTON, District Judge.

FRANK GRAY, Jr., Chief District Judge.

In 1972, the Tennessee electorate ratified an amendment to Article II, Section 28 of the Tennessee constitution, which amendment (popularly known as Question 3) provided, inter alia, for the sub-classification of real property into four classes and of tangible personal property into three classes for ad valorem tax purposes. Under this amendment, real property is to be assessed as follows: "Public Utility" property at...

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