The ATCHISON, TOPEKA AND SANTA FE RAILWAY CO., Union Pacific Railroad Co., Chicago Rock Island and Pacific Railroad Co. et al, Missouri-Kansas-Texas Railroad Co., Plaintiffs-Appellants,
v.
Michael LENNEN, Department of Revenue, State of Kansas et al., Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Argued January 12, 1981.
Decided January 23, 1981.
Attorney(s) appearing for the Case
J. B. Reeves, Laurence E. Garrett, Ronald A. Lane, Daniel J. Westerbeck, Chicago, for plaintiff-appellant The Atchison, T. & S. F. Ry. Co.
John R. Mendenhall, F. Kent Kalb, James D. Douglass, Chester A. Arterburn, Jr., Sabatini, Waggener, Vincent & Arterburn, Topeka, Kan., for plaintiff-appellant Union Pac. Ry. Co.
Mark L. Bennett, Jr., Topeka, Kan., for plaintiff-appellant Chicago R. I. & P. Ry. Co., and William M. Gibbons, trustee of the property of Chicago R. I. & P. Ry. Co., and Missouri, K. & T. Ry. Co., with him on the brief.
James J. McGannon, Wichita, Kan. (Carol B. Bonebrake, Topeka, Kan., and Patrick J. Regan, Regan & McGannon, Wichita, Kan., with him on the brief), for defendants-appellees.
Before McWILLIAMS, BREITENSTEIN, and DOYLE, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
PER CURIAM.
Plaintiffs-Appellants, the several Railroads, filed four separate actions in the United States District Court for Kansas seeking declaratory and injunctive relief under 49 U.S.C. § 11503(c) which grants jurisdiction to district courts to prevent a violation of § 11503(b).1 The Railroads alleged that the State of Kansas discriminated against rail transportation in assessing and collecting property taxes in violation...
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