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CSX TRANSP., INC. v. FORST

Civ. A. No. 3:91CV00488.

777 F.Supp. 435 (1991)

CSX TRANSPORTATION, INC.; and Carolina, Clinchfield & Ohio Railway, Plaintiffs, v. William H. FORST, Tax Commissioner, Virginia Department of Taxation, His Successors in Office, Defendant.

United States District Court, E.D. Virginia, Richmond Division.

November 6, 1991.

Attorney(s) appearing for the Case

James W. McBride, Anne M. Stolee, Laughlin, Halle, McBride, Lunsford & Fletcher, Washington, D.C., for plaintiffs.

Courtney George, CSX Transp., Inc., Jacksonville, Fla., for CSX Transp.

James Linwood Sanderlin, McGuire, Woods, Battle & Boothe, Richmond, Va., for CSX Transp., Inc. and Carolina, Clinchfield & Ohio Ry.

James G. Council, Christopher D. Eib, John Patrick Griffin, Office of Atty. Gen., Richmond, Va., for Virginia Dept. of Taxation, William Forst, Tax Com'r.

Thomas W. McCandlish, Timothy M. Kaine, Mark B. Rhoads, Mezzullo & McCandlish, Richmond, Va., for City of Richmond, Va., County of Hanover, Va., City of Newport News, Va., County of Henrico, Va., County of Chesterfield, Va., City of Alexandria, Va.

Steven L. Micas, County Atty., Steven L. Myers, Asst. County Atty., Chesterfield, Va., for County of Chesterfield.

MEMORANDUM

MERHIGE, District Judge.

This matter is before the Court on plaintiffs' motion for a preliminary injunction and on defendant's motion to dismiss. Both motions have been fully briefed and argued and are ripe for disposition. Jurisdiction is based on 28 U.S.C. §§ 1331 and 1337, and on 49 U.S.C. § 11503.

Motion for Preliminary Injunction

Plaintiffs seek a preliminary injunction restraining and enjoining the...

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