BNSF RY. CO. v. TENNESSEE DEPT. OF REVENUE

Nos. 14-6285, 14-6287, 14-6286, 14-6288, 14-6401.

800 F.3d 262 (2015)

BNSF RAILWAY COMPANY (14-6285); CSX Transportation, Inc. (14-6286); Illinois Central Railroad Company (14-6287); Union Pacific Railroad Company (14-6288); Norfolk Southern Railway Company (14-6401), Plaintiffs-Appellants, v. TENNESSEE DEPARTMENT OF REVENUE; Richard Roberts, Commissioner of Revenue of the State of Tennessee, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 28, 2015.


Attorney(s) appearing for the Case

ARGUED: James Wiley McBride , Baker, Donelson, Bearman , Caldwell & Berkowitz, PC, Washington, D.C., for Appellants in 14-6285, 14-6286, 14-6287, and 14-6288. Everett B. Gibson , Bateman Gibson, LLC, Memphis, Tennessee, for Appellant in 14-6401. Talmage M. Watts , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: James Wiley McBride , Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Washington, D.C., Brigid Carpenter , Baker Donelson, Bearman , Caldwell & Berkowitz, PC, Nashville, Tennessee, Stephen D. Goodwin , Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Memphis, Tennessee, for Appellants in 14-6285, 14-6286, 14-6287, and 14-6288. Everett B. Gibson , Bateman Gibson, LLC, Memphis, Tennessee, for Appellant in 14-6401. Talmage M. Watts , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee.

Before: GRIFFIN and DONALD, Circuit Judges; TARNOW, District Judge.


OPINION

These appeals1 concern the district court's denial of preliminary-injunctive relief to the Plaintiffs-Appellants, five railroad companies (the "Railroads") who individually brought suit against the Tennessee Department of Revenue and Richard Roberts, Commissioner...

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