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ALABAMA GREAT SOUTHERN R. CO. v. EAGERTON

Civ. A. No. 79-173-N.

472 F.Supp. 60 (1979)

ALABAMA GREAT SOUTHERN RAILROAD COMPANY, Central of Georgia Railroad Company, Illinois Central Gulf Railroad Company, Louisville & Nashville Railroad Company, Seaboard Coast Line Railroad Company, St. Louis-San Francisco Railway Company, Southern Railway Company, and Western Railway of Alabama, Plaintiffs, v. Ralph P. EAGERTON, Jr., Commissioner of Revenue and S. L. Evans, Assistant Commissioner of Revenue, Defendants.

United States District Court, D. Alabama, N. D.

June 20, 1979.

Attorney(s) appearing for the Case

M. R. Nachman, Jr., Steiner, Crum & Baker, Montgomery, Ala., Everett B. Gibson and Gregory G. Fletcher, Laughlin, Halle, Regan, Clark & Gibson, Memphis, Tenn., Charles E. Porter, Rushton, Stakely, Johnston & Garrett, Montgomery, Ala., Robert C. Moore, Gen. Atty., Louisville & Nashville Railroad Co., Louisville, Ky.; and William C. Antoine, Gen. Sol., Taxes, and James W. McBride, Gen. Atty., Taxes, Southern Railway System, Washington, D.C., for plaintiffs.

Herbert I. Burson, Jr., Counsel, and Ron Bowden, Asst. Counsel, Dept. of Revenue, State of Alabama, Montgomery, Ala., for defendants.

MEMORANDUM

JOHNSON, Chief Judge.

In this suit eight interstate rail carriers contend that the State of Alabama is discriminating against interstate commerce by assessing rail transportation property at a value that has a higher ratio to the true market value than the ratio that other commercial property bears to its true market value. They allege that this action violates the Commerce Clause and the Supremacy Clause of the United States Constitution, the...

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