Legal Opinion

The Kansas City Southern Railway Co., Cross v. Shirley McNamara Secretary of the Dept. Of Revenue and Taxation, State of Louisiana, Cross-Appellee

Court of Appeals for the Fifth Circuit

Decided May 27, 1987No. 86-3152PublishedCited by 43 opinions

1Opinion of the Court

GEE, Circuit Judge:

The appellees are railroads doing interstate and intrastate business in Louisiana. They sued the state tax collectors, alleging that the Louisiana Tax on Transportation and Communication Utilities (“T & C” tax) discriminates against them in violation of the Railroad Revitalization and Regulatory Reform Act of 1976 (“4-R Act”). The district court ruled in favor of the railroads, but enjoined the collection of the T & C tax only insofar as it exceeded a locally assessed business license tax. We affirm the district court’s holding that the T & C tax violates the 4-R Act, but…

2Cases cited30 opinions

  1. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  2. Maryland v. LouisianaSupreme Court of the United States · 1981
  3. Northwestern States Portland Cement Co. v. MinnesotaSupreme Court of the United States · 1959
  4. Minneapolis Star & Tribune Co. v. Minnesota Commissioner of RevenueSupreme Court of the United States · 1983
  5. Burlington Northern Railroad v. Oklahoma Tax CommissionSupreme Court of the United States · 1987

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

3Cited by43 opinions

  1. Wheeling & Lake Erie Railway Company v. Public Utility Commission Of The Commonwealth Of PennsylvaniaCourt of Appeals for the Third Circuit · 1998
  2. Burlington Northern Railroad Company v. City of Superior, WisconsinCourt of Appeals for the Seventh Circuit · 1991
  3. Burlington Northern Railroad Company v. Mary HuddlestonCourt of Appeals for the Tenth Circuit · 1996
  4. Trailer Train Co., Railgon Co., Railbox Co. v. State Tax Commission, Director of Department of RevenueCourt of Appeals for the Eighth Circuit · 1991
  5. Burlington Northern, Santa Fe Railway Company v. Janette M. Lohman, Director, Department of Revenue of the State of MissouriCourt of Appeals for the Eighth Circuit · 1999

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

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