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STATE v. MINE & CONTRACTORS SUPPLY COMPANY

6 Div. 864.

83 So.2d 425 (1955)

STATE v. MINE & CONTRACTORS SUPPLY COMPANY, Inc.

Supreme Court of Alabama.

November 10, 1955.

Attorney(s) appearing for the Case

John Patterson, Atty. Gen., and Willard W. Livingston, Jas. R. Payne and Wm. H. Burton, Asst. Attys. Gen., for appellant.

Wm. S. Pritchard and Winston B. McCall, Birmingham, Chas. R. Wiggins, Jasper, Pritchard, McCall & Jones, Birmingham, and Wiggins & Wiggins, Jasper, for appellee.

Cabaniss & Johnston, Lucien D. Gardner, Jr., and E. T. Brown, Jr., White, Bradley, Arant, All & Rose and John J. Coleman, Jr., Birmingham, amici curiae.

LAWSON, Justice.

This is an appeal by the State from a decree of the Circuit Court of Jefferson County, in Equity, partially overruling an assessment made by the State Department of Revenue against the appellee, Mine & Contractors Supply Company, Inc., a corporation, for sales taxes claimed to be due by appellee as a result of the sale of four separate articles of tangible personal property.

The trial court held that the taxes were not due on the sale...

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