CSX Transportation, Inc. v. Alabama Department of Revenue
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
ED CARNES, Chief Judge:
We grant the State of Alabama's petition for rehearing in the nature of a request for clarification and extension of opinion and issue this opinion with modest revisions as a substitute for the one we issued initially. See CSX Transp., Inc. v. Ala. Dep't of Revenue , 886 F.3d 974 (11th Cir. 2018).
The Railroad Revitalization and Regulatory Reform Act prohibits states from imposing a tax "that discriminates against a rail carrier." 49 U.S.C. § 11501 (b)(4). The question before us is whether Alabama's tax scheme, which imposes either a sales or use tax on rail carriers…
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