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DISCOUNT CIGARETTES v. OKLAHOMA TAX COM'N

No. 95,241.

46 P.3d 718 (2002)

2002 OK CIV APP 54

DISCOUNT CIGARETTES, INC., d/b/a, Discount Cigarettes Smoke Shop, Appellant, v. The OKLAHOMA TAX COMMISSION, Appellee.

Court of Civil Appeals of Oklahoma, Division No. 3.

Certiorari Denied April 9, 2002.

Attorney(s) appearing for the Case

Michael S. "Mickey" Homsey, Oklahoma City, OK, for Appellant.

Thomas E. Kemp, Jr., Jay L. Harrington, Dawn Elizabeth Cash, Oklahoma Tax Commission, Oklahoma City, OK, for Appellee.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

OPINION

ADAMS, Judge:

¶ 1 The Oklahoma Tax Commission (OTC) received a complaint from five smoke shop operators in the Oklahoma City area alleging that Discount Cigarettes, Inc. (Appellant) was selling cigarettes in violation of the Unfair Cigarette and Tobacco Sales Act, 68 O.S.1991 § 326, et seq.

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