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EX PARTE SIZEMORE

1911015.

611 So.2d 1069 (1993)

Ex parte James M. SIZEMORE, Jr., as Commissioner, Alabama Department of Revenue. (Re James M. SIZEMORE, Jr., as Commissioner, Alabama Department of Revenue v. Edmon L. RINEHART, et al., Individually and as Representatives of the Class).

Supreme Court of Alabama.

January 8, 1993.

Attorney(s) appearing for the Case

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

Mark D. Wilkerson of Parker, Brantley & Wilkerson, P.C., James R. Seale of Robison & Belser, P.C., Montgomery, William J. Baxley, Joel E. Dillard and Charles Dauphin of Baxley, Dillard & Dauphin, Birmingham, Jerrilee P. Sutherlin, Huntsville, Robert M. Hill, Jr. of Hill, Young & Boone, Florence, James P. Smith, Huntsville, J. Doyle Fuller, C. Knox McLaney III, Montgomery, Mark Ezell, Butler, John W. Sharbrough, Mobile, and Thomas T. Gallion III and William M. Slaughter of Haskell, Slaughter, Young & Johnston, P.C., Birmingham, for respondents.

ALMON, Justice.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

HORNSBY, C.J., and MADDOX, SHORES,* ADAMS, STEAGALL, KENNEDY and INGRAM, JJ., concur.

HOUSTON, J., dissents.

HOUSTON, Justice (dissenting).

Because this case presents a question of first impression that potentially involves the payment of approximately $20,000,000 from the Special Education Trust Fund of the State of Alabama, the important issues that...

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