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DIRECTV, INC. v. TREESH

Civil Action No. 3:05-24.

469 F.Supp.2d 425 (2006)

DIRECTV, INC., et al., Plaintiffs, v. Mark TREESH, in his official capacity as Commissioner of the Department of Revenue, Defendant.

United States District Court, E.D. Kentucky, Frankfort.

March 30, 2006.

Attorney(s) appearing for the Case

Betty Jo Christian, John D. Clopper, Mark F. Horning, Steptoe & Johnson, LLP, Washington, DC, Bradley E. Cunningham, Kenneth S. Handmaker, Middleton & Reutlinger, Louisville, KY, for Plaintiffs.

Douglas M. Dowell, Laura M. Ferguson, Stewart Douglas Hendrix, Office of Legal Services for Revenue, Frankfort, KY, for Defendant.

Burt A. Braverman, Cole, Raywid & Braverman, L.L.P., Washington, DC, Jackson W. White, Lexington, KY, for Kentucky Cable Telecommunications Association.

OPINION AND ORDER

CALDWELL, District Judge.

This matter is before the Court on the Motion to Dismiss (Rec. No. 10) filed by the Defendant, Mark Treesh (the "Commissioner"), who has been sued in his official capacity as Commissioner of the Kentucky Department of Revenue. The Plaintiffs, DIRECTV, Inc. and Echostar Satellite, LLC (the "Satellite Companies"), argue that recently enacted Kentucky corporate tax provisions unconstitutionally discriminate...

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