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CELLULAR ONE, INC. v. EMANUEL COUNTY

Nos. A97A0690, A97A0691.

489 S.E.2d 50 (1997)

227 Ga. App. 197

CELLULAR ONE, INC. v. EMANUEL COUNTY. ALLTEL MOBILE COMMUNICATIONS OF GEORGIA, INC. v. EMANUEL COUNTY.

Court of Appeals of Georgia.

Reconsideration Denied July 10, 1997.

Attorney(s) appearing for the Case

Merrill, Stone & Parks, Charles B. Merrill, Jr., Swainsboro, for appellant (case no. A97A0690).

Bouhan, Williams & Levy, Roy E. Paul, Savannah, for appellant (case no. A97A0691).

Spivey, Carlton & Edenfield, J. Franklin Edenfield, Swainsboro, Dye, Tucker, Everitt, Wheale & Long, John B. Long, Augusta, Jones & Smith, Julian B. Smith, Jr., Metter, Savage & Turner, Brent J. Savage, Savannah, Cheney, Waters & McCullough, Curtis V. Cheney, Jr., Reidsville, for appellee.

RUFFIN, Judge.

Emanuel County filed two class actions against Cellular One, Inc. and Alltel Mobile Communications of Georgia, Inc. ("defendants"). In both actions, Emanuel County alleged that the defendants were collecting local option sales taxes from their customers but were not properly reporting the collection of the taxes to the State Revenue Commissioner ("commissioner"). Emanuel County further alleged that, as a result of the improper reporting, it and other...

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