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CSX TRANSP., INC. v. BOARD OF PUBLIC WORKS OF STATE OF W.VA.

No. CIV.A. 2:01-0299.

312 F.Supp.2d 839 (2004)

CSX TRANSPORTATION, INC., Plaintiff, v. THE BOARD OF PUBLIC WORKS OF THE STATE OF WEST VIRGINIA, et al., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

April 8, 2004.

Attorney(s) appearing for the Case

John R. Fowler, Margaret M. Singleton, Daniel G. Murdock, Marey Case, Huddleston, Bolen, Beatty, Porter & Copen, Charleston, WV, Stephen D. Goodwin, Baker, Donelson, Bearman, Caldwell & Berkowitz, Memphis, TN, Anne M. Stolee, James W. McBride, Baker, Donelson, Bearman, Caldwell & Berkowitz, Washington, DC, for Plaintiff.

Barbara A. Allen, Katherine A. Schultz, Sr., Darrell V. McGraw, Jr., Office of the Attorney General, Charleston, WV, for Defendants.

OPINION

GOODWIN, District Judge.

This matter came for trial before the court sitting without a jury on October 6, 2003. Following the presentation of evidence by the parties, the court took this matter under advisement and ordered the parties to submit post-trial briefs and an agreed statement of fact. The parties have complied and this matter is now ripe for adjudication. For the reasons stated below, the court FINDS that the sales ratio for...

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