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CITY OF BELMONT v. MISS. STATE TAX COMM'N

No. 2001-CA-00729-SCT.

860 So.2d 289 (2003)

CITY OF BELMONT, City of Calhoun City, City of Canton, City of Corinth, City of Greenville, City of Grenada, City of Gulfport, City of Houston, City of Indianola, City of Jackson, City of Kosciusko, City of Newton, City of Ocean Springs, City of Pearl, and City of Waynesboro v. MISSISSIPPI STATE TAX COMMISSION and Edward H. Buelow, Jr., Chairman.

Supreme Court of Mississippi.

Rehearing Denied December 11, 2003.

Attorney(s) appearing for the Case

James Ray Mozingo, James A. Peden, Jackson, attorneys for appellants.

Samuel D. Habeeb, Gary Wood Stringer, Jackson, attorneys for appellees.

EN BANC.

CARLSON, J., for the Court.

¶ 1. Several municipalities sued the Mississippi State Tax Commission and its chairman ("MSTC") seeking declaratory and injunctive relief to require the MSTC to comply with state law in its diversion of state sales tax funds to the municipalities.1 On a Rule 12(b)(6) motion to dismiss2 filed by the MSTC, the circuit court dismissed this suit pursuant to Miss.Code Ann. §...

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