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AMERICAN RIPENER CO., INC. v. OFFERMAN

No. COA00-1346.

554 S.E.2d 407 (2001)

AMERICAN RIPENER COMPANY, INC., Plaintiff, v. Muriel K. OFFERMAN, Secretary of Revenue of the State of North Carolina, Defendant.

Court of Appeals of North Carolina.

November 6, 2001.

Attorney(s) appearing for the Case

Newitt & Bruny, by John G. Newitt, Jr., and Roger H. Bruny, Charlotte, for plaintiff-appellee.

Attorney General Michael F. Easley, by Associate Attorney General David J. Adinolfi, II, for the State.

MARTIN, Judge.

Defendant Secretary of Revenue of the State of North Carolina appeals from a summary judgment granted in favor of plaintiff American Ripener Company, Inc., requiring defendant to refund plaintiff certain taxes assessed for the period 1 January 1990 through 30 November 1995.

Plaintiff is in the business of manufacturing and selling ethylene concentrate, a plant growth regulator or stimulator which controls the speed of the ripening of fruit and...

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