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CON-TRUX CONST. v. SECRETARY, DEPT. OF REVENUE AND TAX.

No. 30342-CA.

711 So.2d 324 (1998)

CON-TRUX CONSTRUCTION, Plaintiff-Appellee, v. SECRETARY, DEPARTMENT OF REVENUE AND TAXATION, STATE OF LOUISIANA, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

April 8, 1998.

Attorney(s) appearing for the Case

James C. Russell, Jr., State of Louisiana, for Defendant-Appellant.

Theus, Grisham, Davis & Leigh by Robert J. Bozeman, Monroe, for Plaintiff-Appellee.

Before BROWN, WILLIAMS and STEWART, JJ.

BROWN, Judge.

Defendant, the Department of Revenue and Taxation, filed this appeal of the judgment of the Third Judicial District Court upholding the ruling of the Board of Tax Appeals vacating a sales tax assessment against plaintiff, Con-Trux Construction Company, Inc. We affirm.

Facts and Procedural Background

The Secretary of the Department of Revenue and Taxation conducted an audit of Con-Trux Construction Company, Inc. for the tax period...

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