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STATE v. MORRISON CAFETERIAS CONSOL., INC.

Civ. 4388.

487 So.2d 895 (1985)

STATE of Alabama, DEPARTMENT OF REVENUE v. MORRISON CAFETERIAS CONSOLIDATED, INC. OF DELAWARE.

Court of Civil Appeals of Alabama.

Rehearing Denied March 6, 1985.

Attorney(s) appearing for the Case

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

Champ Lyons, Jr. and Harwell E. Coale, Jr. of Coale, Helmsing, Lyons & Sims, Mobile, for appellee.

BRADLEY, Judge.

On October 12, 1983 the State of Alabama, Department of Revenue (Revenue) entered a final sales tax assessment against Morrison Cafeterias Consolidated, Inc. of Delaware (Morrison) in the amount of $94,221.51. Morrison appealed this assessment to the Circuit Court of Mobile County. That court entered summary judgment in favor of Morrison, abating the sales tax assessment. Revenue appeals to this court.

Morrison is engaged in the business of...

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