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CSX TRANSP., INC. v. ALABAMA DEPT. OF REVENUE

No. 12-14611.

797 F.3d 1293 (2015)

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

United States Court of Appeals, Eleventh Circuit.

August 19, 2015.

Attorney(s) appearing for the Case

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

Margaret Johnson McNeill , Andrew Lynn Brasher , Megan Arys Kirkpatrick , William Keith Maddox , Glenmore Patrick Powers, II , Alabama Department of Revenue, Montgomery, AL, John Cowles Neiman, Jr. , Maynard Cooper & Gale, PC, Birmingham, AL, for Defendant-Appellee.

Before WILSON and COX, Circuit Judges, and BOWEN, District Judge.

This court previously determined the State of Alabama failed to sufficiently justify its decision to impose certain taxes on rail carriers, including CSX Transportation, Inc., when motor carriers and water carriers (both railroad competitors) are not subject to the same. See CSX Transportation, Inc. v. Alabama Department of Revenue,...

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