Legal Opinion
CSX Transportation, Inc. v. Board of Public Works
District Court, S.D. West Virginia
Decided February 25, 1997No. Civ.A. 2:96-1905PublishedCited by 2 opinions
1Opinion of the Court
*750 MEMORANDUM OPINION AND ORDER
HADEN, Chief Judge.
Pending are (1) Defendants’ motion for summary judgment which the Court treats as a motion to dismiss pursuant to Rule 12(b)(1), Federal Rules of Civil Procedure; and (2) Plaintiffs’ motion for a preliminary injunction. The Court GRANTS the motion to dismiss and DENIES as moot the motion for a preliminary injunction.1
I. FACTUAL BACKGROUND
Plaintiffs CSX Transportation, Inc. (“CSXT”) and Nicholas, Fayette & Greenbrier Railroad Company (“NF & G”) challenge their West Virginia ad valorem tax assessments for the 1996 tax year. They request injunctive…
2Cases cited25 opinions
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Papasan v. AllainSupreme Court of the United States · 1986
- Ex Parte YoungSupreme Court of the United States · 1908
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
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3Cited by2 opinions
- Csx Transportation, Incorporated v. The Board Of Public Works Of The State Of West VirginiaCourt of Appeals for the Fourth Circuit · 1998
- CSX Transportation, Inc. v. Board of Public Works of West VirginiaCourt of Appeals for the Fourth Circuit · 1998