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PENSACOLA CONST. CO. v. McNAMARA

No. CA 88 1205.

555 So.2d 1 (1989)

PENSACOLA CONSTRUCTION COMPANY v. Shirley McNAMARA, Secretary of the Department of Revenue and Taxation.

Court of Appeals of Louisiana, First Circuit.

October 11, 1989.

Attorney(s) appearing for the Case

Jerome Lipsich and Sharon Mize, New Orleans, for plaintiff-appellee Pensacola Const. Co.

James C. Russell, Baton Rouge, for defendant-appellant Shirley McNamara, Secretary of the Dept. of Revenue and Taxation.

Before LOTTINGER, CRAIN and LeBLANC, J J.

LeBLANC, Judge.

This is an appeal by the Department of Revenue and Taxation (Department) from a district court judgment which reversed a Board of Tax Appeals decision upholding a use tax assessment on certain transportation expenses incurred by Pensacola Construction Company. The Department has appealed.1

On February 28, 1984, Pensacola entered into a contract with the U.S. Corps of Engineers to realign certain sections of the...

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