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CUYAHOGA VALLEY RY. CO. v. TRACY

Nos. 92-3557, 92-3558.

6 F.3d 389 (1993)

CUYAHOGA VALLEY RAILWAY COMPANY; The Mahoning Valley Railway Company; The River Terminal Railway Company, Plaintiffs-Appellees, Norfolk and Western Railway Company; CSX Transportation; Cincinnati, New Orleans & Texas Pacific Railroad Company; Consolidated Rail Corporation; Grand Trunk Western Railroad Company; Wheeling & Lake Erie Railway Company, Intervenors-Appellees, v. Roger W. TRACY, Ohio Tax Commissioner, Defendant-Appellant (92-3557), Defendant (92-3558), Mary E. Withrow, Ohio Treasurer, Defendant (92-3557), Defendant-Appellant (92-3558).

United States Court of Appeals, Sixth Circuit.

Decided September 28, 1993.

Rehearing and Suggestion for Rehearing Denied November 30, 1993.

Attorney(s) appearing for the Case

David W. Alexander (briefed), Philomena M. Dane (argued), Squire, Sanders & Dempsey, Columbus, OH, for plaintiffs-appellees.

Kathleen M. Trafford (argued and briefed), Patrick Jerome Smith, Porter, Wright, Morris & Arthur, Columbus, OH, Everett Gibson, Memphis, TN, Aaron P. Rosenfeld (briefed), Raymond D. Anderson, Eric A. Pierce, Vorys, Sater, Seymour & Pease, Columbus, OH, for intervenors-appellees.

James C. Sauer, Asst. Atty. Gen. (argued and briefed), Office of the Atty. Gen. of Ohio, Columbus, OH, for defendant-appellant.

Andrew S. Bergman (argued), Office of the Atty. Gen. of Ohio, Columbus, OH, for defendant.

Before: KEITH and RYAN, Circuit Judges; and WELLFORD, Senior Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied in No. 92-3557 November 30, 1993.

RYAN, Circuit Judge.

The defendants, Ohio Tax Commissioner Roger W. Tracy and Ohio Treasurer Mary E. Withrow, appeal following the district court's April 24, 1992, order allowing two different groups of interstate railroads to intervene as plaintiffs,1 and modifying its already-issued summary judgment of August 29, 1991. This summary judgment...

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