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STATE v. CAPITAL CITY ASPHALT, INC.

Civ. 3347.

437 So.2d 1288 (1983)

STATE of Alabama v. CAPITAL CITY ASPHALT, INC.

Court of Civil Appeals of Alabama.

Rehearing Denied March 16, 1983.

Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., Herbert I. Burson, Jr., Chief Counsel State Dept. of Revenue, Asst. Atty. Gen., John H. Burgess, Asst. Counsel State Dept. of Revenue, Asst. Atty. Gen., for appellant.

Gerald W. Hartley, Robert W. Bradford, Jr., Hill, Hill, Carter, Franco, Cole & Black, Montgomery, for appellee.

BRADLEY, Judge.

This is a sales tax case.

Capital City Asphalt, Inc., a manufacturer, seller, and applier of asphalt plant mix, was incorporated in 1975. This corporation had two asphalt batch plants. In 1978 the stockholders-directors of Capital City organized a separate corporation, Montgomery Asphalt Company, Inc., for the acquisition and management of a third batch plant at Hunter Station. Montgomery Asphalt manufactures and sells asphalt but does no application...

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