302 S.C. 250 (1990)

395 S.E.2d 171

Francis Edwin BASS, Jr.; Marvin L. Jones; James R. Marvin, Wilton A. Hockenberry; Catherine Louise Moyers; John Gilreath, Mildred B. Jenkins; J. Loring Jenkins, individually and for the benefit and on behalf of all others similarly situated, Respondents/Appellants v. STATE of South Carolina, a body Politic, and The South Carolina Tax Commission, Appellants/Respondents.

Supreme Court of South Carolina.

Decided July 31, 1990.

Attorney(s) appearing for the Case

Chief Deputy Atty. Gen. Joe L. Allen, Jr., Deputy Atty. Gen. Roy N. Stevens and Asst. Atty. Gen. Arlene D. Hand, Columbia, for appellants/respondents.

Gane M. Connell, Jr. of Kelaher, Haar, Bass & Connell, Surfside Beach, for respondents/appellants.

Heard May 7, 1990.

Decided July 31, 1990.

Per Curiam:

This action was commenced by federal retirees against the State of South Carolina and the South Carolina Tax Commission (hereafter, collectively referred to as the "State") on April 4, 1989. The action was brought because of a March 28, 1989 United States Supreme Court decision, Davis v. Michigan Dept. of Treasury, 489 U.S. 803, 109 S.Ct. 1500, 103 L...

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