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NAIFEH v. STATE EX REL. OKLAHOMA TAX COM'N

Case Number: 116102.

400 P.3d 759 (2017)

2017 OK 63

James P. NAIFEH, Standard Distributing Company, Brian Hutchinson, Hutchinson Oil Company, LLC, Philip Morris USA Inc., R.J. Reynolds Tobacco Co., Rogers Oil Co., Inc., Corey L. Cooper, Stephenson Wholesale Company, Inc., Petitioners, v. STATE of Oklahoma, EX REL. OKLAHOMA TAX COMMISSION, the Honorable Mary Fallin, Governor, in her Official Capacity, the Honorable Senator Mike Schulz, Senate President Pro Tempore, in his Official Capacity, the Honorable Representative Charles Mccall, Speaker of the House, in his Official Capacity, Respondents.

Supreme Court of Oklahoma.

As Amended August 10, 2017.

Attorney(s) appearing for the Case

Robert G. McCampbell , Jay P. Walters , and Justin Lollman , GableGotwals, Oklahoma City, Oklahoma; Lisa S. Blatt , Sarah Harris , and Rosemary Szanyi , Arnold & Porter Kaye Scholer LLP, Washington, DC, for Petitioners, James P. Naifeh, Standard Distributing Company, Brian Hutchinson, Hutchinson Oil Company, Philip Morris USA Inc., Corey L. Cooper, and Stephenson Wholesale Company, Inc.

Robert A. Nance , Riggs, Abney, Neal, Turpen, Orbison & Lewis, P.C., Oklahoma City, Oklahoma, for Petitioners, R.J. Reynolds Tobacco Company and Rogers Oil Co.

Mithun S. Mansinghani and Michael K. Velchik , Office of the Attorney General, State of Oklahoma, Oklahoma City, Oklahoma, for Respondents.

¶ 1 Article V, Section 33 of our Constitution restricts the Legislature's ability to enact "revenue raising" measures. It does so by requiring that such measures (1) originate in the House of Representatives, (2) be enacted prior to the last five days of the legislative session, and (3...

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