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SIZEMORE v. RINEHART

2900290.

611 So.2d 1064 (1992)

James M. SIZEMORE, Jr., Commissioner, State Department of Revenue, et al. v. Edmon L. RINEHART, et al., Individually and as Representatives of the Class.

Court of Civil Appeals of Alabama.

Rehearing Denied March 13, 1992.

Attorney(s) appearing for the Case

Ron Bowden, Chief Counsel, and Mark D. Griffin, Asst. Counsel, Dept. of Revenue and Asst. Attys. Gen., for appellants.

J. Doyle Fuller, Mark D. Wilkerson, James R. Seale, Montgomery, and Charles Dauphin, Birmingham, for Litigation Committee for plaintiffs.

ROBERTSON, Presiding Judge.

On April 12, 1989, Edmon L. Rinehart filed a complaint and request for refund in Montgomery County Circuit Court against James Sizemore (commissioner) on behalf of Rinehart and all members of a proposed class comprised of all former members of the United States Armed Forces or their survivors, who were subject to payment of Alabama state income tax on their military retirement benefits and survivor benefits or who had previously paid Alabama...

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