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FULTON COUNTY v. T-MOBILE, SOUTH, LLC

No. A10A0913.

699 S.E.2d 802 (2010)

FULTON COUNTY v. T-MOBILE, SOUTH, LLC.

Court of Appeals of Georgia.

July 30, 2010.

Attorney(s) appearing for the Case

Jerolyn W. Ferrari , Robert D. Ware , Atlanta, for appellant.

Alston & Bird, Timothy J. Peaden , Kristine M. Brown , Clark R. Calhoun , Atlanta, for appellee.

MIKELL, Judge.

In this case of first impression, we hold that a "9-1-1 charge" imposed by Fulton County (the "County") on wireless telephone service providers pursuant to the Georgia Emergency Telephone Number 9-1-1 Service Act of 19771 (the "Act") is a "tax." Furthermore, because appellee T-Mobile South, LLC's predecessor in interest, Power-Tel Atlanta, Inc., erroneously paid $101,618.66 to the County in connection with its prepaid wireless...

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