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FALCO LIME, INC. v. KENNEDY

No. 99-CA-189.

739 So.2d 953 (1999)

FALCO LIME, INC. and Shell Oil Company v. John Neely KENNEDY, Secretary of the Department of Revenue, State of Louisiana.

Court of Appeal of Louisiana, Fifth Circuit.

July 27, 1999.

Attorney(s) appearing for the Case

Marlon V. Harrison, Geneva Landrum, Frederick Mulhearn, Baton Rouge, Louisiana, Attorneys for Defendant/Appellant.

Bruce J. Oreck, Jessie R. Adams, III, Nicole Crighton, New Orleans, Louisiana, Attorneys for Plaintiffs/Appellees.

Panel composed of EDWARD A. DUFRESNE, Jr., SOL GOTHARD, JJ., and ROBERT L. LOBRANO, J. Pro Tem.

ROBERT L. LOBRANO, Judge Pro Tem.

This is an appeal by the State of Louisiana, Department of Revenue and Taxation from the trial court's affirmance of a judgment of the Board of Tax Appeals in favor of Falco Lime, Inc. and Shell Oil Company. For the following reasons we affirm.

Falco Lime, Inc. (Falco), on behalf of Shell Oil Company, applied for a refund of state sales tax paid in 1988. The subject sales tax was assessed on Falco's sale of quicklime to Shell...

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