STATE v. BAY TOWING AND DREDGING CO.,

1 Div. 649.

85 So.2d 890 (1955)

STATE of Alabama v. BAY TOWING AND DREDGING CO., Inc.

Supreme Court of Alabama.

Rehearing Denied March 22, 1956.


Attorney(s) appearing for the Case

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

Vickers & Thornton, Mobile, for appellee.

Burr, McKamy, Moore & Thomas and Frontis H. Moore, Birmingham, amici curiae.


MERRILL, Justice.

The taxpayer, appellee here and appellant below, took an appeal to the Circuit Court of Mobile County, in Equity, from a final assessment of sales tax pursuant to the provisions of Title 51, Sec. 140, Code of 1940. From a decree in favor of the taxpayer, the State of Alabama appeals.

The agreed statement of facts shows that the taxpayer is engaged in the business of dredging dead oyster shells from beneath Mobile Bay and selling and delivering...

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