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L. A. FREY & SONS v. LAFAYETTE PARISH SCHOOL BOARD

No. 3831.

262 So.2d 132 (1972)

L. A. FREY & SONS, Plaintiff and Appellee, v. LAFAYETTE PARISH SCHOOL BOARD et al., Defendants and Appellants.

Court of Appeal of Louisiana, Third Circuit.

May 10, 1972.

Attorney(s) appearing for the Case

Mouton, Roy, Carmouche & Hailey, by H. Purvis Carmouche, Jr., and Davidson, Meaux, Onebane & Donohoe, by Joseph Onebane, Lafayette, for defendants-appellants.

Jerome J. Reso, Jr., and Joel A. Mendler, New Orleans, for plaintiff-appellee.

Before SAVOY, CULPEPPER and FRUGÉ, JJ.

CULPEPPER, Judge.

This is a suit to recover sales tax paid under protest by L. A. Frey & Sons, Inc., to the Lafayette Parish School Board. From an adverse judgment, the School Board appealed. Frey answered the appeal, seeking modification of the judgment insofar as it denied plaintiff's petition for a refund of certain penalties and interest.

The principal issue is the applicability of the sales or use tax to the sale to Frey of cardboard containers. Frey...

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