CHRYSLER RAIL TRANSP. CORP. v. HOLT

Nos. 5:92-CV-82, 5:93-CV-92.

845 F.Supp. 463 (1994)

CHRYSLER RAIL TRANSPORTATION CORP., a Delaware Corporation, et al., Plaintiffs, v. Leslie F. HOLT, as Acting Chair of the State Tax Commission of the State of Michigan, et al., Defendants (Two Cases).

United States District Court, W.D. Michigan, Lansing.

January 3, 1994.


Attorney(s) appearing for the Case

Peter S. Sheldon, Dickinson, Wright, Moon, Van Dusen & Freeman, Lansing, MI and Terrence J. Benshoof, Terrence J. Benshoof & Associates, Woodridge, IL, for plaintiffs.

Russell E. Prins, Asst. Atty. Gen., Frank J. Kelley, Atty. Gen., Revenue Div., and Ross H. Bishop, Asst. Atty. Gen., Lansing, MI, for defendants.


OPINION

HILLMAN, Senior District Judge.

This action involves two consolidated railroad tax cases. Case No. 5:92-cv-82 seeks relief for the 1992 tax year and Case No. 5:93-cv-92 seeks relief for the 1993 tax year. Plaintiffs assert that Michigan state taxes, as applied to them, are discriminatory and in violation of section 306 of the Railroad Revitalization and Regulatory Reform Act of 1976 (the "4R Act"). Plaintiffs seek a declaratory judgment pursuant...

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