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VULCAN FOUNDRY, INC. v. McNAMARA

No. 13454.

387 So.2d 1318 (1980)

VULCAN FOUNDRY, INC. v. Shirley McNAMARA, Secretary of the Department of Revenue and Taxation, State of Louisiana.

Court of Appeal of Louisiana, First Circuit.

July 7, 1980.

Attorney(s) appearing for the Case

G. William Jarman, R. Gordon Kean, Baton Rouge, for plaintiff-appellee, Vulcan Foundry, Inc.

Riley F. Boudreaux, Jr., Staff Atty., Baton Rouge, for defendant-appellant, Shirley McNamara, Secretary of the Dept. of Revenue and Taxation, State of Louisiana.

Before ELLIS, CHIASSON and PONDER, JJ.

CHIASSON, Judge.

Shirley McNamara, Secretary of the Department of Revenue and Taxation, State of Louisiana (Department), appeals the trial court's finding that coke utilized by Vulcan Foundry, Inc. is exempt from sales/use tax under the provisions of La.R.S. 47:301(10) and 47:305(4).

Vulcan in the manufacture of ACTM Class 30 Iron used to make "municipal castings" utilizes coke to produce heat for melting scrap...

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