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The opinion of January 9, 2009, is withdrawn, and the following opinion is substituted therefor.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