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EX PARTE STATE DEPT. OF REVENUE

1901108.

595 So.2d 472 (1991)

Ex parte STATE DEPARTMENT OF REVENUE. (Re STATE DEPARTMENT OF REVENUE, v. TELNET CORPORATION, et al. TELEMARKETING CORPORATION OF LOUISIANA, v. STATE DEPARTMENT OF REVENUE).

Supreme Court of Alabama.

Rehearing Denied December 6, 1991.

Attorney(s) appearing for the Case

Jimmy Evans, Atty. Gen., and Ron Bowden, Counsel, Dept. of Rev. and Asst. Atty. Gen., for petitioner.

Michael S. Jackson of Beers, Anderson, Jackson & Smith, Montgomery, and James G. Gann, Jr., Birmingham, for respondents Telnet, Delta, Montgomery Telemarketing, Telemarketing Corp., SouthernNet and Southland.

Mark D. Wilkerson of Parker, Brantley & Wilkerson, P.C., Montgomery, for respondent Gulf Tel. Co., Inc.

STEAGALL, Justice.

We granted the petition for writ of certiorari in this case to determine whether Act No. 88-542, Ala. Acts 1988 (codified at Ala.Code 1975, § 6-5-605), violates Art. 4, § 45, Constitution of Alabama. The codification of that provision reads as follows:

"§ 6-5-605. Application of terms `utilities' and `public utility.' "For purposes of this article and for purposes of sections 40-8-1, 40-21-50, and 40...

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