SHELLCAST CORP. v. WHITE

Civ. 4377.

477 So.2d 419 (1984)

SHELLCAST CORPORATION v. James C. WHITE, Sr., etc.

Court of Civil Appeals of Alabama.

Rehearing Denied August 15, 1984.


Attorney(s) appearing for the Case

James M. Sizemore, Jr. of Sizemore & Bowers, Sylacauga, for appellant.

Charles A. Graddick, Atty. Gen., and B. Frank Loeb, Chief Counsel, and Charles E. Crumbley, Asst. Counsel, Dept. of Rev. and Asst. Attys. Gen., for appellee.


HOLMES, Judge.

This is a tax case.

The taxpayer, Shellcast Corporation, filed a petition for a writ of mandamus or declaratory judgment in the Circuit Court of Montgomery County seeking a refund on tax allegedly paid on exempt utility usage. Thereafter, the learned trial judge granted on the pleadings the Department of Revenue's motion for summary judgment. Shellcast now appeals and we must reverse.

The pertinent facts are these:

Shellcast...

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