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WOODS v. ROBINSON

No. 18-CA-145 18-CA-146.

256 So.3d 409 (2018)

Glenn H. WOODS v. Kimberly ROBINSON, Secretary, Department of Revenue, State of Louisiana, and the State of Louisiana. Jimmie M. Woods v. Kimberly Robinson, Secretary, Department of Revenue, State of Louisiana, and the State of Louisiana.

Court of Appeal of Louisiana, Fifth Circuit.

September 19, 2018.

Attorney(s) appearing for the Case

COUNSEL FOR PLAINTIFF/APPELLEE, GLENN H. WOODS, Robert S. Angelico , Cheryl M. Kornick , Randy J. Marse, Jr. , Jeffrey Birdsong , New Orleans.

COUNSEL FOR DEFENDANT/APPELLANT, SECRETARY OF THE DEPARTMENT OF REVENUE, STATE OF LOUISIANA, Miranda Y. Conner , Antonio C. Ferachi , Debra D. Morris , Brian C. DeJean , Baton Rouge, Wendy Ramnarine , Port Allen.

Panel composed of Judges Fredericka Homberg Wicker, Stephen J. Windhorst, and Hans J. Liljeberg.

These consolidated cases arise out of a dispute involving the Alternative Fuel Tax Credit, wherein the Department of Revenue is appealing the Board of Tax Appeal's judgment overruling an Exception of No Right of Action and granting two refunds totaling $710,402, plus interest. For the following reasons, we affirm the Board of Tax Appeal...

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