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CITY OF BOWLING GREEN v. HOTELS.COM, L.P.

No. 2010-CA-000825-MR.

357 S.W.3d 531 (2011)

CITY OF BOWLING GREEN, Kentucky, Appellant, v. HOTELS.COM, L.P.; Hotwire, Inc.; Tripnetwork, Inc. (d/b/a Cheaptickets); Expedia, Inc.; Internetwork Publishing Corp. (d/b/a/ Lodging.Com); Orbitz, LLC; Priceline Incorporated; Site59.Com, LLC; Travelocity.Com, LP; Travelweb, LLC; Lowestfare.Com, Inc.; Lowestfare.Com, Incorporated; and Lowestfare.Com, LLC., Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court February 15, 2012.

Attorney(s) appearing for the Case

Irvin D. Foley , Anthony G. Raluy (argued), Louisville, KY, Michael P. Foley , Cincinnati, Ohio, for appellant.

William J. Hunter, Jr. , Timothy J. Eifler , David S. Sullivan , Amy Olive Wheeler , Louisville, KY, David Hieber (argued), Los Angeles, CA, for appellees.

Douglas M. Dowell , Frankfort, KY, for Amicus Curiae, Department of Revenue, Finance and Administration Cabinet, Commonwealth of Kentucky.

Before CLAYTON, COMBS, and KELLER, JUDGES.

OPINION

CLAYTON, Judge:

This is an appeal of the dismissal of the Appellant's case by the Warren Circuit Court. After considering the briefs of the parties, the supplemental cases filed by the parties, and oral arguments, we hold as follows:

BACKGROUND INFORMATION

The Appellant, City of Bowling Green ("Bowling Green"), brought an action against several online travel companies ("OTCs") asserting that Kentucky Revised Statutes (KRS...

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