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BEST TOBACCO, INC. v. DEPARTMENT OF REVENUE

No. A04A2062.

604 S.E.2d 578 (2004)

269 Ga. App. 484

BEST TOBACCO, INC. v. DEPARTMENT OF REVENUE.

Court of Appeals of Georgia.

September 8, 2004.

Attorney(s) appearing for the Case

Wimberly, Lawson, Steckel, Nelson & Schneider, Paul Oliver, Atlanta, for appellant.

Thurbert E. Baker, Attorney General, William W. Banks, Jr., John B. Ballard, Jr., Assistant Attorneys General, for appellee.

ELLINGTON, Judge.

Best Tobacco, Inc. filed an action in the Superior Court of Fulton County against the Georgia Department of Revenue seeking an injunction and a declaratory judgment. After a hearing on the Department's motion to dismiss the complaint, the superior court concluded that Best Tobacco had failed to exhaust available administrative remedies1 and, therefore, that the complaint failed to state a claim upon which relief could...

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