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TRAILER TRAIN CO. v. STATE BD. OF EQUALIZATION

No. 81-4188.

697 F.2d 860 (1983)

TRAILER TRAIN COMPANY, a corporation and Railbox Company, a corporation, Plaintiffs-Appellees, v. STATE BOARD OF EQUALIZATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 25, 1983.

Attorney(s) appearing for the Case

Calvin J. Abe, Deputy Atty. Gen., San Francisco, Cal., for defendant-appellant.

Weyman Lundquist, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., for plaintiffs-appellees.

Before HAYNSWORTH, and CHOY, Circuit Judges, and JAMESON, District Judge.

CHOY, Circuit Judge:

The issue in this case is whether the district court erred in granting a preliminary injunction preventing the California State Board of Equalization (Board) from collecting an amended property-tax bill levied on appellees' railroad cars. The district court found that the imposition of the additional tax impermissibly conflicted with § 306 of the Railroad Revitalization and Regulatory Reform Act of 1976 (the 4-R Act), current version at 49...

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