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HOUSTON INDUSTRIES, INC. v. FITCH

No. 32,654-CA.

752 So.2d 974 (2000)

HOUSTON INDUSTRIES, INC. Plaintiff-Appellant, v. Edward A. FITCH, Administrator Caddo Shreveport Sales and Use Tax Commission, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Writ Denied April 20, 2000.

Attorney(s) appearing for the Case

Blanchard, Walker, O'Quin & Roberts by J. Edgerton Pierson, Jr., Bossier City, Counsel for Appellant.

Robert R. Rainer, Baton Rouge, Counsel for Appellee.

Before BROWN, KOSTELKA and DREW, JJ.

BROWN, J.

In this action for refund of local sales and/or use taxes paid under protest, plaintiffs appeal a ruling dismissing their action as untimely. For the foregoing reasons, we reverse and remand.

Factual and Procedural Background

The Caddo—Shreveport Sales and Use Tax Commission ("the Commission") audited "Noram (sic) Energy Co." for the period of January 1993 through December 1996. On June 26, 1998, the Commission notified "Noram...

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