BNSF Railway Company v. TN Dept of Revenue, et al

Filing

OPINION and JUDGMENT filed : The district court's denial of the Railroads' motion for a preliminary injunction on its targeted or singling-out approach and the functional approach is AFFIRMED. The case is REMANDED to the district court for consideration of the Railroads' argument under the competitive approach. Decision for publication. Richard Allen Griffin and Bernice Bouie Donald (AUTHORING), Circuit Judges; Arthur J. Tarnow, U.S. District Judge for the Eastern District of Michigan, sitting by designation. [14-6285, 14-6286, 14-6287, 14-6288, 14-6401]

Case: 14-6285

Document: 30-1

Filed: 08/28/2015

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Deborah S. Hunt
Clerk

100 EAST FIFTH STREET, ROOM 540
POTTER STEWART U.S. COURTHOUSE
CINCINNATI, OHIO 45202-3988

Tel. [phone]
www.ca6.uscourts.gov

Filed: August 28, 2015

Ms. Brigid M. Carpenter
Baker Donelson
211 Commerce Street, Suite 800
Nashville, TN 37201
Mr. Everett B. Gibson
Bateman Gibson
65 Union Avenue
Suite 1010 Cotton Exchange Building
Memphis, TN 38103
Mr. Stephen Dorr Goodwin
Baker Donelson
165 Madison Avenue, Suite 2000
Memphis, TN 38103
Mr. James Wiley McBride
Baker Donelson
920 Massachusetts Avenue, N.W., Suite 900
Washington, DC 20001
Mr. Talmage M. Watts
Office of the Attorney General of Tennessee
P.O. Box 20207
Nashville, TN 37202
Re: Case Nos. 14-6285/6286/6287/6288/6401, BNSF Ry. Co. v. TN Dep't of Revenue, et al
Originating Case No. : 3:14-cv-01399
Dear Counsel,
The court today announced its decision in the above-styled cases.

Case: 14-6285

Document: 30-1

Filed: 08/28/2015

Page: 2

Enclosed is a copy of the court's opinion together with the judgment which has been entered
in conformity with Rule 36, Federal Rules of Appellate Procedure.
Yours very truly,
Deborah S. Hunt, Clerk

Cathryn Lovely
Deputy Clerk
cc: Mr. Keith Throckmorton
Enclosures
Mandate to issue.