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LOWE'S HOME CENTER, INC. v. KENNEDY

No. 32,443-CA.

744 So.2d 711 (1999)

LOWE'S HOME CENTER, INC., Plaintiff-Appellee, v. John Neely KENNEDY, Secretary, Department of Revenue, State of Louisiana, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

October 27, 1999.

Attorney(s) appearing for the Case

Marlon V. Harrison, Baton Rouge, Counsel for Appellant.

Jesse R. Adams, Jr., Bruce J. Oreck, New Orleans, Counsel for Appellee.

Before WILLIAMS, STEWART and DREW, JJ.

WILLIAMS, Judge.

The defendant, Secretary, Louisiana Department of Revenue and Taxation ("Department"), appeals a judgment in favor of the plaintiff, Lowe's Home Centers, Inc. ("Lowe's"). The district court affirmed the decision of the Louisiana Board of Tax Appeals vacating a tax assessment issued to Lowe's by the Department. For the following reasons, we affirm.

FACTS

Lowe's owns and operates a national...

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