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BOSWELL v. ALCOA CONST. SYSTEMS, INC.

77-728.

368 So.2d 18 (1979)

Charles A. BOSWELL, Com'r., etc. v. ALCOA CONSTRUCTION SYSTEMS, INC.

Supreme Court of Alabama.

March 2, 1979.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen. of Ala., Herbert I. Burson, Jr., Counsel, Dept. of Revenue, and Asst. Atty. Gen., State of Ala., B. Frank Loeb, Asst. Counsel, Dept. of Revenue, and Asst. Atty. Gen., State of Ala., for appellant.

David S. Conrad of Conrad & Hammond, Mobile, for appellee.

PER CURIAM.

Alcoa filed an action for declaratory judgment asking for a construction of Title 51, § 787(e), Code of Alabama Recompiled 1958, now § 40-23-60(5), Code of Alabama 1975, that would require the State Department of Revenue to refund $35,104.28 in taxes previously paid under that statute. The facts were stipulated and, after submission, the trial court entered its judgment ordering the Revenue Department to refund the amount paid plus interest....

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