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DEPT. OF REVENUE, STATE OF FLA. v. TRAILER TRAIN

No. 87-3093.

830 F.2d 1567 (1987)

DEPARTMENT OF REVENUE, STATE OF FLORIDA, a State Agency and Randy Miller, its Executive Director, Plaintiff-Appellant, v. TRAILER TRAIN COMPANY, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 2, 1987.

Attorney(s) appearing for the Case

Jeff Kielbasa, Stephen J. Keller, Deputy Chief Counsel, Florida Dept. of Revenue, Tallahassee, Fla., for plaintiff-appellant.

Kenneth R. Hart, Ausley, McMullen, McGehee, Carothers & Proctor, Tallahassee, Fla., James W. McBride, Laughlin, Halle, Gibson & McBride, Washington, D.C., for defendant-appellee.

Before HILL and VANCE, Circuit Judges, and PROPST, District Judge.

PROPST, District Judge:

This is an interlocutory appeal, brought pursuant to 28 U.S.C. § 1292(b), from a judgment of the district court granting Trailer Train Company's (Trailer Train) motion for partial summary judgment. Plaintiff-Appellee Trailer Train brought this action pursuant to the Railroad Revitalization and Regulatory Reform Act of 1976 (4 R. Act) (§ 306), seeking a judgment against Defendants-Appellants Department of Revenue, State of Florida...

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