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EX PARTE VFJ VENTURES, INC.

1070718.

8 So.3d 983 (2008)

Ex parte VFJ VENTURES, INC., f/k/a VF Jeanswear, Inc. (In re G. Thomas Surtees, in his official capacity as commissioner of the Alabama Department of Revenue, and the Alabama Department of Revenue v. VFJ Ventures, Inc., f/k/a VF Jeanswear, Inc.).

Supreme Court of Alabama.

September 19, 2008.

Attorney(s) appearing for the Case

Joseph B. Mays, Jr., Bruce P. Ely, Christopher R. Grissom, and Marc James Ayers of Bradley Arant Rose & White, LLP, Birmingham, for petitioner.

Troy King, atty. gen., and Jeff Patterson, deputy atty. gen., Montgomery, for respondents.

Bingham D. Edwards, Jr., and Ed R. Haden of Balch & Bingham, LLP, Birmingham; and Eli J. Dicker and Shirley S. Grimmett of Tax Executives Institute, Inc., Washington, D.C., for amicus curiae Tax Executives Institute, Inc., in support of the petitioner.

Todd A. Lard, Council of State Taxation, Washington, D.C., for amicus curiae Council on State Taxation, in support of the petitioner.

Susan E. Kennedy of Slate Kennedy, LLC, Montgomery, for amici curiae Alabama Education Association and Board of Trustees of the University of Alabama, in support of the respondents.

Bruce J. Fort, Multistate Tax Commission, Washington, D.C., for amicus curiae Multistate Tax Commission, in support of the respondents.

LYONS, Justice.

VFJ Ventures, Inc., f/k/a VF Jeanswear, Inc. ("VFJ"), sued in the Montgomery Circuit Court the commissioner of the Alabama Department of Revenue, in his official capacity, and the Alabama Department of Revenue. At the time the complaint was filed, Dwight Carlisle was the commissioner of the Alabama Department of Revenue. During the pendency of the case, G. Thomas Surtees was substituted pursuant to Rule 25(d), Ala. R. Civ. P., as a defendant, in his...

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