From Casetext: Smarter Legal Research

CSX Transportation, Inc. v. Alabama Department of Revenue

United States Court of Appeals, Eleventh Circuit
Apr 25, 2011
639 F.3d 1040 (11th Cir. 2011)

Opinion

No. 09-10772.

April 25, 2011.

Stephen D. Goodwin, Baker, Donelson, Bearman, Caldwell Berkowitz, Memphis, TN, J. Forrest Hinton, Jr., Baker, Donelson, Bearman, Caldwell Berkowitz, PC, Birmingham, AL, James W. McBride, Baker Donelson, Washington, DC, for Plaintiff-Appellant.

Margaret Johnson McNeill, Glenmore Patrick Powers, II, State of Alabama Dept. of Revenue, Montgomery, AL, for Defendants-Appellees.

Appeal from the United States District Court for the Northern District of Alabama (No. 08-00655-CV-UWC-S); U.W. Clemon, Judge.

ON REMAND FROM THE UNITED STATES SUPREME COURT

Before BARRETT, HILL and BLACK, Circuit Judges.


CSX Transportation, Inc. ("CSXT") appealed the dismissal of its suit against the Alabama Department of Revenue seeking to enjoin Alabama from assessing, levying and/or collecting taxes on diesel fuel purchases and use by CSXT. The district court dismissed CSXT's case based on Norfolk S. Ry. Co. v. Ala. Dep't of Revenue, 550 F.3d 1306 (11th Cir. 2008), in which this Court considered an identical challenge to Alabama's sales and use tax on railroad diesel fuel, and ruled in favor of the Alabama Department of Revenue. We affirmed, finding that we were bound by our prior precedent in Norfolk. CSX Transp., Inc. v. Ala. Dep't of Revenue, 350 Fed.Appx. 318 (11th Cir. 2009).

The Supreme Court then granted CSXT's petition for writ of certiorari and reversed the judgment. CSX Transp., Inc. v. Ala. Dep't of Revenue, 562 U.S. ___, 131 S.Ct. 1101, 179 L.Ed.2d 37 (2011). The Court overruled our prior decision in Norfolk, and held that CSXT "may challenge Alabama's sales and use taxes as `taxes that discriminate against rail carriers' under [ 49 U.S.C. § 11501(b)(4)]." Id. at 1114 (alterations omitted). The Court declined to address whether CSXT should prevail on its challenge, and remanded CSXT's appeal for further proceedings consistent with its opinion. Id.

In light of the Supreme Court's decision, we vacate our prior opinion in this case, CSX Transp., Inc. v. Ala. Dep't of Revenue, 350 Fed.Appx. 318 (11th Cir. 2009), vacate the district court's December 18, 2008 order dissolving the preliminary injunction and dismissing CSXT's case, and remand to the district court for further proceedings consistent with the Supreme Court's opinion.

PRIOR DECISION VACATED; DISTRICT COURT ORDER VACATED, and REMANDED.


Summaries of

CSX Transportation, Inc. v. Alabama Department of Revenue

United States Court of Appeals, Eleventh Circuit
Apr 25, 2011
639 F.3d 1040 (11th Cir. 2011)
Case details for

CSX Transportation, Inc. v. Alabama Department of Revenue

Case Details

Full title:CSX TRANSPORTATION, INC., Plaintiff-Appellant, v. ALABAMA DEPARTMENT OF…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Apr 25, 2011

Citations

639 F.3d 1040 (11th Cir. 2011)

Citing Cases

CSX Transp., Inc. v. Ala. Dep't of Revenue

562 U.S. 277, 296, 131 S.Ct. 1101, 179 L.Ed.2d 37 (2011) (" CSX I ") (alterations and ellipsis in…

CSX Transp., Inc. v. Ala. Dep't of Revenue

In round one of this case, the district court dismissed CSX’s complaint and we affirmed. CSX Transp., Inc. v.…