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GENERAL AMERICAN TRANSP. CORP. v. COM. OF KENTUCKY

No. 85-5342.

791 F.2d 38 (1986)

GENERAL AMERICAN TRANSPORTATION CORPORATION, Plaintiff-Appellee, v. COMMONWEALTH OF KENTUCKY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 16, 1986.

Attorney(s) appearing for the Case

Nathan Goldman, Legal Services Section, Revenue Cabinet, Frankfort, Ky., Gary Brown (argued), for defendant-appellant.

Bruce F. Clark (argued), Stites & Harbison, Frankfort, Ky., Mark R. Overstreet, for plaintiff-appellee.

Before ENGEL, MILBURN and RYAN, Circuit Judges.

ENGEL, Circuit Judge.

The Commonwealth of Kentucky appeals a judgment of the United States District Court for the Eastern District of Kentucky holding that the Commonwealth violated section 306 of the Railroad Revitalization and Regulatory Reform Act, 49 U.S.C. § 11503, ("the 4-R Act") and establishing an ad valorem tax rate on rolling stock for the years 1981 through 1984 at $.3184 per $100.00 of assessed value. We conclude that Kentucky's ad valorem tax rate...

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