Norfolk Southern Railway Co. v. Alabama Department of Revenue
Court of Appeals for the Eleventh Circuit
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.…
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