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BARBIN v. STATE, DEPT. OF REVENUE

No. 56018.

310 So.2d 644 (1975)

James Donald BARBIN, d/b/a Barbin Novelty Co., Inc., et al. v. STATE of Louisiana, Through DEPT. OF REVENUE, Honorable Joseph N. Traigle, Collector.

Supreme Court of Louisiana.

April 11, 1975.

Writ denied. There is no error in the judgment below.

BARHAM and DIXON, JJ., are of the opinion writ should be granted.

TATE, J., concurs in the denial, because the collector's alternative position that the proceeds to the machine owners are taxable as leases or rentals, La.R.S. 47:302, subd. B, was not raised prior to the application...

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