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FEDERATED MUT. INS. CO. v. DeKALB COUNTY

70599.

176 Ga. App. 70 (1985)

335 S.E.2d 873

FEDERATED MUTUAL INSURANCE COMPANY v. DeKALB COUNTY.

Court of Appeals of Georgia.

Rehearing Denied September 18, 1985.

Attorney(s) appearing for the Case

William A. Bagwell, Thomas M. Cole, Weymon H. Forrester, for appellant.

Gail S. Flake, Albert S. Johnson, for appellee.

Stephen F. Gertzman, Alfred A. Lindseth, Richard L. Robbins, James M. Elliott, Jr., Joan E. W. Wooley, Robert M. Travis, James R. Schulz, amici curiae.

DEEN, Presiding Judge.

Federated Mutual Insurance Company brought an action under OCGA § 48-5-380 against DeKalb County, seeking a refund of gross premium taxes in the amount of $27,088.98 which were paid during the years 1981 through 1983 pursuant to DeKalb County Code § 7-1011 (1). Federated Mutual moved for summary judgment, urging the retrospective application of Cotton States Mut. Ins. Co. v. DeKalb County. 251 Ga. 309

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