Csx Transportation, Inc. v. Alabama Department of Revenue

ON REMAND FROM THE UNITED STATES SUPREME COURT

Before BARKETT, HILL and BLACK, Circuit Judges. PER CURIAM:

CSX Transportation, Inc. (“CSXT”) appealed the dismissal of its suit against the Alabama Department of Revenue seeking to enjoin Alabama from assessing, levying and/or collecting taxes on diesel fuel purchases and use by CSXT. The district court dismissed CSXT’s case based on Norfolk S. Ry. Co. v. Ala. Dep’t of Revenue, 550 F.3d 1306 (11th Cir.2008), in which this Court considered an identical challenge to Alabama’s sales and use tax on railroad diesel fuel, and ruled in favor of the…