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CHESAPEAKE AND OHIO RY. CO. v. ROSE

Civ. A. No. 82-2564.

651 F.Supp. 1463 (1985)

The CHESAPEAKE AND OHIO RAILWAY COMPANY; The Baltimore and Ohio Railway Company; and Western Maryland Railway Company, Plaintiffs, v. Herschel H. ROSE, III, Tax Commissioner of the State Tax Department of West Virginia; and Dan R. Taylor, Director, Business Tax Division, State Tax Department of West Virginia, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

December 30, 1985.

Attorney(s) appearing for the Case

Noel P. Copen, Huntington, W.Va., Everett B. Gibson, Esq. & W. Clary Lunsford, Memphis, Tenn., James W. McBride, Washington, D.C., for plaintiffs.

Mary Carol Holbert, Asst. Atty. Gen., Tax Div., Charleston, W.Va., for defendants.

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court upon the request for declaratory and injunctive relief brought by The Chesapeake and Ohio Railway Company, The Baltimore and Ohio Railway Company, and Western Maryland Railway Company (hereinafter, the railroads). Following an evidentiary hearing, briefs and exhibits have been submitted by the parties.

Each of the railroads...

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