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CLARK v. STATE, DEPT. OF REVENUE

No. 2002 CA 0703.

849 So.2d 700 (2003)

Wade CLARK, Perry Tucker, Ann Guidry, Martha Lacaze and Harry Dawsey, Each Individually, and on Behalf of all Others Similarly Situated v. STATE of Louisiana, DEPARTMENT OF REVENUE

Court of Appeal of Louisiana, First Circuit.

May 9, 2003.

Attorney(s) appearing for the Case

Stanley P. Baudin, Patrick W. Pendley, Plaquemine, for Plaintiffs-Appellees Wade Clark, et al.

Geneva Landrum, Baton Rouge, for Defendant-Appellee Cynthia Bridges, Secretary of Louisiana Department of Revenue.

James J. Davidson, III, Lafayette, for Intervenor-1st Appellant Southwest Louisiana Electric Membership Corporation.

V. Russell Purvis, Jonesville, for Intervenor-1st Appellant Concordia Electric Cooperative.

Ross A. Dooley, John M. Sharp, Baton Rouge, for Intervenors-2nd Appellants Dixie Electric Membership Corporation, et al.

Before: FITZSIMMONS, GUIDRY, and PETTIGREW, JJ.

PETTIGREW, J.

Members of various local electric cooperatives allege to have paid "a thing not owed" to the State of Louisiana in the form of Louisiana state sales taxes on $169,000,000.00 in electricity overcharges. Accordingly, certain individual members became plaintiffs in a class action lawsuit ("plaintiff class members") and seek a refund of Louisiana state sales taxes assessed on said overcharges that were remitted to the State via local electrical cooperatives...

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