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STATE v. PEA RIVER ELEC. CO-OP.

Civ. 3455, 3568.

434 So.2d 785 (1983)

STATE of Alabama v. PEA RIVER ELECTRIC COOPERATIVE, a Corporation. and STATE of Alabama v. WIREGRASS ELECTRIC COOPERATIVE.

Court of Civil Appeals of Alabama.

Rehearing Denied April 6, 1983.

Certiorari Denied July 1, 1983.

Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen. and B. Frank Loeb, Acting Chief Counsel, Dept. of Revenue and Asst. Atty. Gen., and Ron Bowden and Charles E. Crumbley, Asst. Counsel and Asst. Attys. Gen., for appellant.

Edward M. Price, Jr. of Farmer, Price, Espy & Smith, Dothan, for appellee Pea River Elec. Coop.

J. Theodore Jackson, Jr., and Robert A. Huffaker of Rushton, Stakely, Johnston & Garrett, Montgomery, for appellee Wiregrass Elec. Coop.

Alabama Supreme Court 82-693.

WRIGHT, Presiding Judge.

Pea River Electric Cooperative appealed to the Circuit Court of Montgomery County a final assessment of gross receipts tax entered by State of Alabama Department of Revenue (State). Judgment was entered by the court on August 4, 1982, setting aside the assessment and directing a refund of tax, penalty and interest paid by Pea River under the assessment. State appeals.

Wiregrass Electric Cooperative...

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