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DAIGLE BROS. SAND v. DEPT. OF REV. SECY.

No. 90-883.

594 So.2d 935 (1992)

DAIGLE BROTHERS SAND AND DIRT, INC., Plaintiff-Appellee, v. The SECRETARY OF the DEPARTMENT OF REVENUE and TAXATION FOR the STATE OF LOUISIANA, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

February 12, 1992.

Attorney(s) appearing for the Case

Roddy & Watson, James A. Watson, Lake Charles, for plaintiff-appellee.

Marlon V. Harrison, Susan C. Edelen, Baton Rouge, for defendant-appellant.

Before DOMENGEAUX, C.J., and STOKER and MARCANTEL, JJ.

DOMENGEAUX, Chief Judge.

Daigle Brothers Sand and Dirt, Inc. instituted this action against the Secretary of the Department of Revenue and Taxation for the State of Louisiana, Shirley McNamara, before the Louisiana Board of Tax Appeals, in response to an assessment made by the Department for $28,330.94 in past due sales tax and interest. After an evidentiary hearing, the Board of Tax Appeals ruled in Daigle Brothers' favor and set aside the assessment. The Secretary...

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