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LOUISVILLE & NASHVILLE R. CO. v. DEPT. OF REV., ETC.

No. 83-3498.

736 F.2d 1495 (1984)

LOUISVILLE AND NASHVILLE RAILROAD COMPANY, a Kentucky Corporation, Plaintiff-Appellee, v. DEPARTMENT OF REVENUE, STATE OF FLORIDA, A State Agency, and Randy Miller, Executive Director, Defendants-Appellants. SEABOARD COASTLINE RAILROAD COMPANY, a Virginia Corporation, Plaintiff-Appellee, v. DEPARTMENT OF REVENUE, STATE OF FLORIDA, A State Agency, and Randy Miller, Executive Director, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 24, 1984.

Attorney(s) appearing for the Case

Jeff Kielbasa, Asst. Atty. Gen., Tallahassee, Fla., for defendants-appellants.

Kenneth R. Hart, DeBose Ausley, Tallahassee, Fla., for plaintiff-appellee.

Before FAY, VANCE and HATCHETT, Circuit Judges.

VANCE, Circuit Judge:

In this case the Florida Department of Revenue (the Department) challenges a summary judgment entered in favor of taxpayer railroads in a suit alleging discriminatory ad valorem taxation in violation of section 306 of the Railroad Revitalization and Regulatory Reform Act of 1976 (the 4R Act).1 That provision, codified at 49 U.S.C. § 11503, bars a state or subdivision...

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