CSX TRANSPORTATION, INCORPORATED; Nicholas, Fayette and Greenbrier Railroad Company, Plaintiffs-Appellants,
v.
THE BOARD OF PUBLIC WORKS OF THE STATE OF WEST VIRGINIA; Gaston Caperton, III, Governor; Larrie Bailey, State Treasurer; Glen B. Gainer, III, State Auditor; Darrell V. McGraw, Jr., Attorney General; Gus Douglass, Commissioner of Agriculture; Hank Marockie, State Superintendent of Schools, Defendants-Appellees,
United States of America, Intervenor.
Association of American Railroads; American Shortline Railroad Association; Regional Railroads of America; Railway Progress Institute, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued October 29, 1997.
Decided March 10, 1998.
Attorney(s) appearing for the Case
ARGUED: James W. McBride, Baker, Donelson, Bearman & Caldwell, Washington, DC, for Appellants. Stephanie Robin Marcus, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Intervenor. Katherine A. Schultz, Senior Deputy Attorney General, Office of the Attorney General, Charleston, WV, for Appellees. ON BRIEF: Anne M. Stolee, Baker, Donelson, Bearman & Caldwell, Washington, DC, for Appellants. Frank W. Hunger, Assistant Attorney General, Rebecca Aline Betts, United States Attorney, Mark B. Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Intervenor. Darrell V. McGraw, Jr., Attorney General, Stephanie M. Sisson, Assistant Attorney General, Office of the Attorney General, Charleston, WV, for Appellees. Kenneth P. Kolson, Association of American Railroads, Washington, DC; Betty J. Christian, Shannen W. Coffin, Steptoe & Johnson, L.L.P., Washington, DC, for Amicus Curiae Association of American Railroads. Richard A. Malm, Dickinson, Mackaman, Tyler & Hagen, P.C., Des Moines, IA, for Amici Curiae American Short Line Railroad Association, et al.
Before MURNAGHAN, NIEMEYER, and HAMILTON, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Reversed and remanded by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge NIEMEYER and HAMILTON joined.
OPINION
MURNAGHAN, Circuit Judge:
Two railroads alleged that the assessment, levying and collection of certain West Virginia taxes violated the Railroad Revitalization and Regulatory Reform Act of 1976. Finding that the Act's purported abrogation of a state's Eleventh Amendment sovereign immunity was invalid under Seminole...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
