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RICHMOND, FREDERICKSBURG v. DEPARTMENT OF TAXATION

No. 84-1774.

762 F.2d 375 (1985)

RICHMOND, FREDERICKSBURG & POTOMAC RAILROAD COMPANY, Appellant, v. DEPARTMENT OF TAXATION, COMMONWEALTH OF VIRGINIA, Appellee. Association of American Railroads, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided May 22, 1985.

Attorney(s) appearing for the Case

William L.S. Rowe, Richmond, Va. (Douglas W. Davis, Thomas McN. Millhiser, Hunton & Williams, Urchie B. Ellis, Vice President-Law, Richmond, Va., on brief), for appellant.

Barbara M. Rose, Asst. Atty. Gen., Richmond, Va., (Gerald L. Baliles, Atty. Gen. of Va., Kenneth W. Thorson, Sr. Asst. Atty. Gen., Richmond, Va., on brief), for appellee.

(James W. McBride, Gregory G. Fletcher, Marion F. White, Laughlin, Halle, Clark, Gibson & McBride, Memphis, Tenn., on brief), for amicus curiae.

Before SPROUSE and CHAPMAN, Circuit Judges and KISER, United States District Judge for the Western District of Virginia, sitting by designation.

CHAPMAN, Circuit Judge:

Plaintiff Richmond, Fredericksburg & Potomac Railroad Company (RF & P) brought this action against defendant Department of Taxation, Commonwealth of Virginia (the Department), alleging that its application of the Virginia corporate net income tax discriminates against railroads in violation of § 306(1)(d) of the Railroad Revitalization and Regulatory Reform Act of 1976, Pub.L. No. 94-210, 90 Stat. 54 (1976), recodified at 49 U...

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