OPINION
MOORE, Justice.
Several corporations, which were forced to pay an Alaskan oil and gas corporate income tax, challenge an award to the state of $4 million in attorney's fees and $534,000 in costs incurred in defending the constitutionality of the state oil and gas corporate income tax. We reverse and remand.
I. FACTUAL AND PROCEDURAL BACKGROUND
In Atlantic Richfield Co. v. State,
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