CAJUN ELEC. POWER CO-OP., INC. v. McNAMARA

No. 83 CA 0680.

452 So.2d 212 (1984)

CAJUN ELECTRIC POWER COOPERATIVE, INC., et al. v. Shirley McNAMARA, Secretary of the Department of Revenue and Taxation, State of Louisiana.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 29, 1984.

Writ Denied October 12, 1984.


Attorney(s) appearing for the Case

Robert R. Rainer, Baton Rouge, for plaintiffs-appellants Cajun Elec. Power Coop. Inc. and Stone & Webster Engineering Corp.

Robert H. Carpenter, Jr., Douglas F. Herbert and Riley F. Boudreaux, Jr., Baton Rouge, for defendant-appellee Shirley McNamara, Secretary of the Dept. of Revenue and Taxation, State of La.

Before PONDER, WATKINS and CARTER, JJ.


CARTER, Judge.

This is a suit filed by Cajun Electric Power Cooperative, Inc. (Cajun) and Stone and Webster Engineering Corporation (S & W) for refund of sales and use taxes paid under protest by Cajun to the State of Louisiana.

In April of 1971, Gulf States Utilities Company (GSU) and S & W entered into a contract for the construction of the River Bend Nuclear Power Plant.

Eight years later (August, 1979), during the course of the construction...

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