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TRAILER TRAIN CO. v. LEUENBERGER

No. 88-1118.

885 F.2d 415 (1988)

TRAILER TRAIN COMPANY; Railbox Company; and Railgon Company, Appellees, v. Donald S. LEUENBERGER, Tax Commissioner of the State of Nebraska, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 19, 1988.

Attorney(s) appearing for the Case

James W. McBride, Washington, D.C., for appellees.

L. Jay Bartel, Lincoln, Neb., for appellant.

Before LAY, Chief Judge, JOHN R. GIBSON, Circuit Judge, and STUART, Senior District Judge.

STUART, Senior District Judge.

The appellees, Trailer Train Company and its wholly owned subsidiaries Railbox Co. and Railgon Co., (hereinafter referred to as Trailer Train) brought this action against the Nebraska Tax Commissioner for declaratory and injunctive relief claiming that the levy and collection of Nebraska's ad valorem tax on their rail cars violate section 306(1)(d) of the Railroad Revitalization and Regulatory Reform Act of 1976, Pub. Law 94-210, 90...

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