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DEATON, INC. v. MONROE

1981549.

762 So.2d 840 (2000)

DEATON, INC. v. H.E. MONROE, as Commissioner of the Alabama Department of Revenue, et al.

Supreme Court of Alabama.

February 18, 2000.

Attorney(s) appearing for the Case

James M. Sizemore, Jr., Montgomery, for appellant.

John J. Breckenridge, asst. counsel, Department of Revenue, and deputy atty. gen., for appellee Commissioner of Revenue.

Reginald L. Sorrells, general counsel, Department of Agriculture and Industries, and deputy atty. gen., and Robert J. Russell, counsel, Department of Agriculture and Industries, and asst. atty. gen., for appellee Commissioner of Agriculture and Industries.

Thomas R. DeBray and Carla Cole Gilmore of Kaufman & Rothfeder, P.C., Montgomery, for appellee Mack Roberts, as Director of the Alabama Dep't. of Transportation.

HOUSTON, Justice.

Deaton, Inc., filed this action in the Montgomery Circuit Court against James P. Hayes, as commissioner of the Department of Revenue,1 and Charles Bishop, as commissioner of the Department of Agriculture and Industries, seeking a judgment declaring that the statute imposing the "Alabama Pump Inspection Fee"2 violates the Interstate Commerce Clause of the United States Constitution and declaring...

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