STATE v. TRI-STATE PHARMACEUTICAL

Civ. 1738.

371 So.2d 910 (1979)

STATE of Alabama v. TRI-STATE PHARMACEUTICAL, a division of Paramedical Supply Company, Inc., a corporation.

Court of Civil Appeals of Alabama.

Rehearing Denied May 16, 1979.


Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen. of Ala., Herbert I. Burson, Jr., Counsel, Dept. of Revenue, and Asst. Atty. Gen. of Ala., B. Frank Loeb, Asst. Counsel Dept. of Revenue, and Asst. Atty. Gen. of Ala., for appellant.

W. Stanley Gregory, Montgomery, for appellee.


BRADLEY, Judge.

The State Department of Revenue appeals from a decree rendered by the Circuit Court of Montgomery County holding that Tri-State Pharmaceutical's sales of pharmaceutical drugs to hospitals were sales for resale or wholesale sales and therefore not subject to tax. We reverse.

Pursuant to Code of Alabama 1975, § 40-2-22, appellee Tri-State Pharmaceutical (hereinafter referred to as Tri-State) appealed to the Circuit Court of Montgomery County...

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