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STATE DEPT. OF REVENUE v. DECATUR RSA LP

2150811.

247 So.3d 378 (2016)

Ex parte State Department of Revenue. (In re STATE DEPARTMENT OF REVENUE v. DECATUR RSA LP and AT & T Mobility II, LLC).

Court of Civil Appeals of Alabama.

On Application for Rehearing March 17, 2017

Certiorari Denied May 12, 2017 Alabama Supreme Court 1160547.

Attorney(s) appearing for the Case

David E. Avery III , deputy counsel, State of Alabama Department of Revenue, Montgomery, for petitioner.

William B. Sellers and John G. Smith of Balch & Bingham LLP, Montgomery; and Margaret C. Wilson of Wilson Agosto LLP, Somerville, New Jersey, for respondents.

The State Department of Revenue ("the Department") has petitioned this court to issue a writ of mandamus directing the Montgomery Circuit Court ("the circuit court") to grant its motion to dismiss. We deny the petition.

Procedural History

AT & T Mobility, LLC, operates in Alabama through its affiliates, Decatur...

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