Maine Central Railroad v. Halperin

WERNICK, Justice.

On motion for reconsideration.

Plaintiff Maine Central has moved for reconsideration of the Court’s November 16, 1977 opinion in this case. 379 A.2d 980. Maine Central’s motion asks us to address the issue

“whether the imposition of the Maine Railroad Excise Tax under the specific circumstances affecting Maine Central’s ‘net railway operating income’ in 1974 contravened the Commerce [Clause]

Maine Central suggests that this question became obscured, inadvertently, in the attention concentrated on the broader argument that it is facially unconstitutional to include incentive per…