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CSX TRANSPORTATION, INC. v. ALABAMA DEPARTMENT OF REVENUE

No. 09-10772, Non-Argument Calendar.

639 F.3d 1040 (2011)

CSX TRANSPORTATION, INC., Plaintiff-Appellant, v. ALABAMA DEPARTMENT OF REVENUE, Tim Russell, Commissioner of the Alabama Department of Revenue, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 25, 2011.

Attorney(s) appearing for the Case

Stephen D. Goodwin , Baker, Donelson, Bearman, Caldwell & Berkowitz, Memphis, TN, J. Forrest Hinton, Jr. , Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Birmingham, AL, James W. McBride , Baker Donelson, Washington, DC, for Plaintiff-Appellant.

Margaret Johnson McNeill , Glenmore Patrick Powers, II , State of Alabama Dept. of Revenue, Montgomery, AL, for Defendants-Appellees.

Before BARKETT, HILL and BLACK, Circuit Judges.

PER CURIAM:

CSX Transportation, Inc. ("CSXT") appealed the dismissal of its suit against the Alabama Department of Revenue seeking to enjoin Alabama from assessing, levying and/or collecting taxes on diesel fuel purchases and use by CSXT. The district court dismissed CSXT's case based on Norfolk S. Ry. Co. v. Ala. Dep't of Revenue, 550 F.3d 1306 (11th Cir.2008), in which this Court considered an identical challenge to Alabama...

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