Legal Opinion

Norfolk Southern Railway Co. v. Alabama Department of Revenue

Court of Appeals for the Eleventh Circuit

Decided December 11, 2008No. 08-12712PublishedCited by 18 opinions

1Opinion of the Court

POGUE, Judge:

Norfolk Southern Railway Company (“Norfolk”) appeals an order denying its application for preliminary injunctive relief from the imposition of Alabama’s sales and use tax on diesel fuel. Norfolk asserts that the sales and use tax on diesel fuel discriminates against railroad companies in violation of Section 306(l)(d) of the Railroad Revitalization and Regulatory Reform Act of 1976 (the “4-R Act”), currently codified as 49 U.S.C. § 11501(b)(4).

We affirm the district court’s denial of a preliminary injunction. Norfolk S. Ry. v. Ala. Dep’t of Revenue, Civil Action No.…

2Cases cited33 opinions

  1. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  2. Ebay Inc. v. Mercexchange, L. L. C.Supreme Court of the United States · 2006
  3. Carmichael v. Southern Coal & Coke Co.Supreme Court of the United States · 1937
  4. Burlington Northern Railroad v. Oklahoma Tax CommissionSupreme Court of the United States · 1987
  5. Demarest v. ManspeakerSupreme Court of the United States · 1991

28 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Kansas City Southern Railway Co. v. KoellerCourt of Appeals for the Seventh Circuit · 2011
  2. Csx Transportation, Inc. v. Alabama Department of RevenueCourt of Appeals for the Eleventh Circuit · 2009
  3. CSX Transportation, Inc. v. Alabama Department of RevenueCourt of Appeals for the Eleventh Circuit · 2018
  4. CSX Transportation, Inc. v. Alabama Department of RevenueCourt of Appeals for the Eleventh Circuit · 2013
  5. CSX Transportation, Inc. v. Alabama Department of RevenueDistrict Court, N.D. Alabama · 2012

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API