McDONALD'S CORP. v. GLENNON

No. 8730.

355 So.2d 1023 (1978)

McDONALD'S CORPORATION v. Joan W. GLENNON, Collector of Revenue for the City of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 14, 1978.

Writ Refused May 5, 1978.


Attorney(s) appearing for the Case

Max Nathan, Jr., New Orleans, Trial Atty., Robert C. Lowe, Sessions, Fishman, Rosenson, Snellings & Boisfontaine, New Orleans, for McDonald's Corp., plaintiff-appellant.

Philip S. Brooks, City Atty., Joseph N. Naccari, Asst. City Atty., for Joan W. Glennon, Collector of Revenue for the City of New Orleans, defendant-appellee.

Before BOUTALL, SCHOTT and GARSAUD, JJ.


BOUTALL, Judge.

McDonald's Corporation filed a petition for declaratory judgment to determine whether it comes within the provisions of the Louisiana Chain Store Tax, LSA-R.S. 47:10, Act 706 of 1974. Plaintiff appeals from a judgment declaring that the tax does apply to it.

The issue raised on this appeal is solely upon a legal interpretation of the statute. Plaintiff contends that it is a "restaurant" and that the statute does not apply to restaurants. There...

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