CSX TRANSP. v. GEORGIA STATE BD. OF EQUAL.

No. 06-1287.

128 S.Ct. 467 (2007)

552 U.S. 9

169 L.Ed.2d 418

CSX TRANSPORTATION, INC., Petitioner, v. GEORGIA STATE BOARD OF EQUALIZATION et al.

Supreme Court of United States.

Decided December 4, 2007.


Attorney(s) appearing for the Case

Carter G. Phillips , Washington, D.C., for petitioner.

Douglas Hallward-Driemeier , for the United States as amicus curiae, by special leave of the Court, supporting the petitioner.

Warren R. Calvert , for the respondents.

Ellen M. Fitzsimmons , David J. Bowling , Jacksonville, FL, Peter J. Shudtz , Washington, DC, Carter G. Phillips , Counsel of Record, Stephen B. Kinnaird , Ileana M. Ciobanu , Matthew J. Warren , Sidley Austin LLP, Washington, DC, James W.

McBride, Baker , Donelson, Bearman, Caldwell & Berkowitz, PC, Washington, DC, for Petitioner.

Peter J. Crossett , John D. Cook , Hiscock & Barclay, LLP, Syracuse, New York, Thurbert E. Baker , Attorney General, Warren R. Calvert , Senior Assistant Attorney General, Counsel of Record, R.O. Lerer , Deputy Attorney General, for Respondents.


Chief Justice ROBERTS delivered the opinion of the Court.

The Railroad Revitalization and Regulatory Reform Act of 1976 prohibits States from discriminating against railroads by taxing railroad property more heavily than other commercial property in the State. Two decades ago, we held that this statute permits an aggrieved railroad to challenge a State's valuation of its property for tax purposes. Burlington Northern R. Co. v. Oklahoma Tax Comm'n,

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