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DIRECTV, INC. v. ROBERTS

No. M2013-01673-COA-R3-CV

477 S.W.3d 293 (2015)

DIRECTV, INC., et al. v. Richard H. ROBERTS, Commissioner of Revenue, State of Tennessee.

Court of Appeals of Tennessee, at Nashville.

Application for Permission to Appeal Denied by Supreme Court: June 12, 2015.

Published pursuant to Tenn. R. S. Ct. 4(D).

Attorney(s) appearing for the Case

Robert E. Cooper, Jr. , Attorney General and Reporter; Joseph F. Whalen , Associate Solicitor General; and Mary Ellen Knack , Senior Counsel, for the appellant, Richard H. Roberts,1 Commissioner of Revenue.

Stephen J. Jasper , Nashville, Tennessee; E. Joshua Rosenkranz and Jeremy N. Kudon , New York, New York; and Eric A. Shumsky, Washington, D.C., for the appellees, DIRECTV, Inc. and DISH Network L.L.C.

Carolyn W. Schott and Andrée Sophia Blumstein , Nashville, Tennessee, and John A. Hinman , San Francisco, California, for the Amicus Curiae, National Association of Wine Retailers.

Joseph F. Welborn, III , Nashville, Tennessee, for the Amicus Curiae, Satellite Broadcasting & Communications Association.

Brett R. Carter , Nashville, Tennessee, and Eric S. Tresh and Zachary T. Atkins , Atlanta, Georgia, for the Amicus Curiae, Tennessee Cable Telecommunications Association, Inc.

OPINION

Plaintiffs contend that the sales tax law unconstitutionally discriminates against satellite television providers. The law taxes the entire subscription fee billed to satellite customers while the...

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