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FENT v. STATE EX REL. OKLAHOMA TAX COM'N

No. 99,480.

99 P.3d 241 (2004)

2004 OK 59

Jerry R. FENT, as a resident taxpayer, citizen, and voter of the State of Oklahoma, and all other similar taxpaying persons, Plaintiff/Appellant, v. STATE of Oklahoma, ex rel. OKLAHOMA TAX COMMISSION; Thomas E. Kemp, Jerry B. Johnson and Connie Kirby, in their official capacity as Oklahoma Tax Commissioners; and Robert A. Butkin, in his official capacity as the Oklahoma State Treasurer, and/or all their successors in office, Defendants/Appellees.

Supreme Court of Oklahoma.

Rehearing Denied October 11, 2004.

Attorney(s) appearing for the Case

Robert T. Keel, Oklahoma City, OK, for Plaintiff/Appellant.

Scott D. Boughton, Assistant Attorney General, Office of the Attorney General, Oklahoma City, OK, for Defendant/Appellee Robert A. Butkin, in his official capacity as the Oklahoma State Treasurer.

Cara S. Nicklas, Assistant General Counsel, Oklahoma Tax Commission, for Defendants/Appellees State of Oklahoma ex rel. Oklahoma Tax Commission and Thomas E. Kemp, Jr., Jerry B. Johnson and Connie Irby, in their official capacities as Oklahoma Tax Commissioners.

¶ 0 The plaintiff sought a declaratory judgment that Oklahoma's earned income credit statute, 68 O.S.2001 § 2357.43, is unconstitutional. The district court of Oklahoma County, Honorable David M. Harbour, rendered judgment on the legal merits in favor of defendants as to the plaintiff's failure to state claims for declaratory relief and writ of injunction and/or mandamus. The trial court ruled that Oklahoma's Earned Income...

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