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R.J. D'HEMECOURT PETROLEUM v. McNAMARA

No. 83-CA-1231.

444 So.2d 600 (1983)

R.J. D'HEMECOURT PETROLEUM, INC., et al. v. Shirley McNAMARA, Secretary of the Department of Revenue and Taxation, State of Louisiana.

Supreme Court of Louisiana.

Rehearing Denied February 2, 1984.

Attorney(s) appearing for the Case

Frank J. Uddo, New Orleans, for plaintiff-appellee.

Howard M. Romaine, Baton Rouge, for defendant-appellant.

WATSON, Justice.

In this class action suit by Louisiana retail gasoline merchants, plaintiffs asked that LSA-R.S. 47:3531 be declared unconstitutional as to them and occupational license taxes paid under protest be refunded. The trial court declared the law unconstitutional and ordered the refunds. LSA-R.S. 47:2110.2 The Secretary of the Louisiana Department of Revenue and Taxation has appealed.

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