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CSX TRANSP. v. STATE BD. OF EQUALIZATION OF GA.

Civil Action No. 1:02-CV-2634-CAP.

448 F.Supp.2d 1330 (2005)

CSX TRANSPORTATION, INC., Plaintiff, v. The STATE BOARD OF EQUALIZATION OF the State of GEORGIA; Bart L. Graham, Commissioner of Revenue of the State of Georgia; Russell W. Hinton, State Auditor of the State of Georgia; and Ray J. Crawford, Director of the Georgia State Properties Commission, Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

September 29, 2005.

Attorney(s) appearing for the Case

Anne M. Stolee, James W. McBride, Baker Donelson Bearman & Caldwell, Washington, DC, Gregory G. Fletcher, Stephen D. Goodwin, Baker Donelson Bearman Caldwell & Berkowitz, Memphis, TN, Timothy Harold Kratz, Milo S. Cogan, McGuire Woods LLP, Atlanta, GA, for Plaintiff.

Daniel M. Formby, Thurbert E. Baker, Office of State Attorney General, Warren R. Calvert, State of Georgia Law Department, Atlanta, GA, Peter J. Crossett, John D. Cook, Hiscock & Barclay, LLP, Syracuse, NY, for Defendants.

ORDER

PANNELL, District Judge.

The plaintiff, CSX Transportation, Inc. ("CSXT") filed this suit under Section 306 of the Railroad Revitalization and Regulatory Reform Act of 1976, Pub.L. 94-210, 90 Stat. 54 (Feb. 5, 1976), which is now codified at 49 U.S.C. § 11501 (the "4-R Act"). The 4-R Act confers concurrent jurisdiction on federal district courts to enforce its provisions, so long as "the ratio of assessed value to true market value of rail...

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