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CLINCHFIELD R. CO. v. LYNCH

No. 81-229-CIV-5.

527 F.Supp. 784 (1981)

CLINCHFIELD RAILROAD COMPANY, et al., Plaintiffs, v. Mark G. LYNCH, Secretary of Revenue of the State of North Carolina, et al., Defendants.

United States District Court, E. D. North Carolina, Raleigh Division.

November 27, 1981.

Attorney(s) appearing for the Case

Wm. C. Antoine and James W. McBride, Southern Railway, Washington, D. C., Armistead J. Maupin, Charles B. Neely, Jr., Nancy S. Rendleman, Maupin, Taylor & Ellis, Raleigh, N. C., William C. Basney, Jacksonville, Fla., Everett B. Gibson and Gregory G. Fletcher, Laughlin, Halle, Clark & Gibson, Memphis, Tenn., for plaintiffs.

Rufus L. Edmisten, Atty. Gen., State of N. C. Dept. of Justice, Myron C. Banks, Sp. Deputy Atty. Gen., George W. Boylan, Asst. Atty. Gen., Raleigh, N. C., Larry Leake, Harrell & Leake, Asheville, N. C., L. P. McLendon, Jr. and Edward C. Winslow, III, Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, N. C., Hamlin L. Wade, Charlotte, N. C., for defendants.

MEMORANDUM OF DECISION

DUPREE, Chief Judge.

Railroads operating in North Carolina, like their counterparts around the nation, have long been victims of discrimination in the assessment of local property taxes. After nearly two decades of debate Congress in 1976 enacted a statute intended to assist railroads in their efforts to alleviate this discrimination.1 Section 306, Railroad Revitalization and Regulatory Reform Act of 1976...

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