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CSX TRANSPORTATION, INC. v. SC DEPT. OF REVENUE

No. 16-1726.

851 F.3d 320 (2017)

CSX TRANSPORTATION, INCORPORATED, Plaintiff-Appellant, v. SOUTH CAROLINA DEPARTMENT OF REVENUE; Rick Reames, III, Agency Director of the South Carolina Department of Revenue, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 17, 2017.

Attorney(s) appearing for the Case

ARGUED: Stephen Dorr Goodwin , Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Memphis, Tennessee, for Appellant. Milton Gary Kimpson , South Carolina Department of Revenue, Columbia, South Carolina, for Appellees. ON BRIEF: James W. McBride , Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Washington, D.C.; John C. von Lehe, Jr. , Bryson M. Geer , Nelson Mullins, Charleston, South Carolina, for Appellant. Nicole M. Wooten , South Carolina Department of Revenue, Columbia, South Carolina; Thomas Parkin C. Hunter , South Carolina Attorney General's Office, Columbia, South Carolina, for Appellees.

Vacated and remanded by published opinion. Judge Traxler wrote the opinion, in which Judge Diaz and Judge Thacker joined.

CSX Transportation, Inc. ("CSXT") appeals a judgment following a bench trial in its action brought under the Railroad Revitalization and Regulatory Reform Act of 1976 (the "4-R Act"). See 49 U.S.C. § 11501(b)(4). Because we conclude that the district court's basis for awarding judgment against CSXT was invalid...

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