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AMERICAN TRUCKING ASSOCIATIONS, INC. v. ALVITI

No. 19-1316.

944 F.3d 45 (2019)

AMERICAN TRUCKING ASSOCIATIONS, INC.; Cumberland Farms, Inc.; M&M Transport Services, Inc.; New England Motor Freight, Inc., Plaintiffs, Appellants, v. Peter ALVITI, Jr., in his official capacity as Director of the Rhode Island Department of Transportation; Rhode Island Turnpike and Bridge Authority, Defendants, Appellees.

United States Court of Appeals, First Circuit.

December 5, 2019.

Attorney(s) appearing for the Case

Charles A. Rothfeld, with whom Evan M. Tager, Colleen M. Campbell, Mayer Brown LLP, Washington, DC, Richard Pianka, and American Trucking Associations Litigation Center, Arlington, VA, were on brief, for appellants.

Michael W. Field, Assistant Attorney General, Deputy Chief, Civil Division, Rhode Island Office of Attorney General, with whom Peter F. Neronha, Attorney General, was on joint brief, for appellee Alviti, Jr.

John A. Tarantino, with whom Patricia K. Rocha, R. Bart Totten, Nicole J. Benjamin, and Adler Pollock & Sheehan, Providence, RI, were on joint brief, for appellee Rhode Island Turnpike and Bridge Authority.

Before Torruella, Lynch, and Kayatta, Circuit Judges.

This appeal poses the question whether bridge and highway tolls authorized by a Rhode Island statute are taxes within the meaning of the Tax Injunction Act ("TIA"). The state statute in question authorizes the Rhode Island Department of Transportation ("RIDOT") to collect from tractor-trailers certain "tolls for the privilege...

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