6th Circ. Revives Suit Over Ohio Gas Co. Tax Breaks

Law360, New York (February 5, 2009, 12:00 AM EST) -- Finding flaws with a district court's reasoning on federalism and comity issues, a federal appeals court has reinstated a case brought by out-of-state natural gas retailers alleging that Ohio's tax authority is providing unconstitutional tax advantages to local natural gas utilities.

The U.S. Court of Appeals for the Sixth Circuit issued a ruling Wednesday reversing the dismissal of the suit by the U.S. District Court for the Southern District of Ohio and finding that the lower court's assertions were too expansive in protecting states' taxation rights...
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