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LOUISIANA PAVING CO., INC. v. ST. CHARLES PARISH PUB. SCHOOLS

No. 91-CA-829.

604 So.2d 593 (1992)

LOUISIANA PAVING CO., INC. and Gulf Coast Pre-Stress Co., Inc. v. ST. CHARLES PARISH PUBLIC SCHOOLS and E.H. Flynn.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied October 29, 1992.

Attorney(s) appearing for the Case

Herman C. Hoffman, Jr., John F. Shreves, Simon, Peragine, Smith & Redfearn, New Orleans, David E. Walker, Michael T. Tusa, Jr., Metairie, for plaintiff-appellant.

Leon C. Vial, III, Julie M. Burke, Hahnville, for defendant-appellee.

Virginia L. LoCoco, LoCoco & LoCoco, Metairie, amicus curiae, briefed, for Associated Builders and Contractors.

W.P. Wray, Jr., Chris P. Pierce (Charles Wm. Roberts, of counsel), Wray & Kracht, Baton Rouge, amicus curiae, briefed, for Louisiana Associated Gen. Contractors, Inc.

Before KLIEBERT, GAUDIN and GRISBAUM, JJ.

GRISBAUM, Judge.

This appeal arises from the imposition of a Parish sales/use tax upon the plaintiffs. We set aside and annul.

ISSUE

The single issue presented is whether the trial court erred in interpreting the contract between Louisiana Paving Company, Inc. (Louisiana Paving) and Gulf Coast Pre-Stress, Company, Inc. (Gulf Coast) as a contract for the sale of tangible personal property instead of a subcontract for the construction of an immovable...

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