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BOSWELL v. NAMAN

SC 1574.

336 So.2d 1334 (1976)

Charles A. BOSWELL, as Com'r of Revenue of the State of Alabama v. Anthony NAMAN et al.

Supreme Court of Alabama.

August 27, 1976.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., Willard W. Livingston, Counsel, Dept. of Revenue and Asst. Atty. Gen., B. Frank Loeb, Asst. Counsel, Dept. of Revenue and Asst. Atty. Gen., for appellant.

Mayer W. Perloff, Mobile, for appellees.

PER CURIAM.

Naman is a retail grocer who sells food to nursing homes which house and feed Medicaid recipients pursuant to an agreement between the nursing homes and the State. The nursing homes are reimbursed for services rendered to Medicaid patients on a direct cost-basis by the Medical Services Administration, Department of Public Health.

The Commissioner of Revenue contends that the sale of food by Naman to the nursing homes is a sale at retail and is...

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