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CSX TRANSP. v. SOUTH CAROLINA DEPT. OF REVENUE

No. 19-1089, No. 19-1154.

959 F.3d 622 (2020)

CSX TRANSPORTATION, INC., Plaintiff-Appellant, v. SOUTH CAROLINA DEPARTMENT OF REVENUE; W. Hartley Powell, Agency Director of the South Carolina Department of Revenue, Defendants-Appellees. CSX Transportation, Inc., Plaintiff-Appellee, v. South Carolina Department of Revenue; W. Hartley Powell, Agency Director of the South Carolina Department of Revenue, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: May 20, 2020.

Attorney(s) appearing for the Case

Stephen D. Goodwin , Zachary A. Kisber , Memphis, Tennessee, Misty Smith Kelley , BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC, Chattanooga, Tennessee; John C. von Lehe, Jr. , Bryson M. Geer , NELSON MULLINS, Charleston, South Carolina, for Appellant/Cross-Appellee.

Thomas Parkin C. Hunger , OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina; Nicole M. Wooten , Adam J. Neil , Jason P. Luther , SOUTH CAROLINA DEPARTMENT OF REVENUE, Columbia, South Carolina, for Appellee/Cross-Appellant.

Reversed and remanded by published opinion. Judge Thacker wrote the opinion, in which Judge Harris and Judge Novak joined.

In this case,1 CSX Transportation, Inc. ("Appellant") argues the South Carolina Real Property Valuation Reform Act ("SCVA") impermissibly discriminates against railroads in violation of the Railroad Revitalization and Regulatory Reform Act of 1976 (the "4-R Act"). Though the district court determined...

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