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Yeah it will be groundbreaking whichever direction things go.

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I just got home from work and have a minute to sit down and I wanted to add something.

"No I have not. I would not give the couple much of a chance although that doesnt mean they are wrong"

I mostly agree with you here. I do think the general nature of bureaucracy might accidentally get them a refund, since there isn't a law that can be pointed to for the gov to dismiss this claim out of hand, but then again they already have their money, so...

However, having said that, I wouldn't be surprised if it takes a Supreme Court decision to figure it out. I am about 99% positive that if a lower court rules in favor of the couple the state will appeal it, and again from personal experience, the appellate courts have no respect for the law if it isn't generating revenue for the state and in these times and in this environment I don't see any evidence that they need to. No one on that side of any issue seems accountable to anyone.