EX PARTE RUSSELL

2070765.

31 So.3d 694 (2009)

Ex parte Tim RUSSELL, acting commissioner, Alabama Department of Revenue (In re Christina Myers, individually and as representative of the Plaintiffs' class v. Tim Russell, acting commissioner, Alabama Department of Revenue; Kay Ivey, treasurer for the State of Alabama; and Jefferson County Board of Equalization).

Court of Civil Appeals of Alabama.

Rehearing Denied July 2, 2009.

Certiorari Denied September 11, 2009 Alabama Supreme Court 1081371.


Attorney(s) appearing for the Case

Troy King, atty. gen., and Keith Maddox and Lionel C. Williams, asst. attys. gen. and asst. counsel, Alabama Department of Revenue, for petitioner.

William J. Baxley, Joel E. Dillard, and S. Joshua Briskman of Baxley, Dillard, Dauphin, McKnight & Barclift, Birmingham, for respondent.


On Rehearing Ex Mero Motu

PER CURIAM.

The opinion of January 9, 2009, is withdrawn, and the following opinion is substituted therefor.

On January 14, 2008, Christina Myers, individually and as representative of a potential class of plaintiffs, filed a complaint against Cynthia Underwood, in her official capacity as acting commissioner of the Alabama Department of Revenue ("the DOR");1 Kay Ivey, in her capacity...

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