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GOLDEN EAGLE CONST. CO., INC. v. COM.

813 A.2d 13 (2002)

GOLDEN EAGLE CONSTRUCTION COMPANY, INC., Petitioner, v. COMMONWEALTH of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

Decided December 10, 2002.

Attorney(s) appearing for the Case

Bryan E. Barbin, Johnstown, for petitioner.

Ronald H. Skubecz, Harrisburg, for respondent.

BEFORE: SMITH-RIBNER, J., LEAVITT, J., and JIULIANTE, Senior Judge.

OPINION BY Judge LEAVITT.

Golden Eagle Construction Company, Inc. (Taxpayer) petitions for review of an order of the Board of Finance and Revenue (Board) denying Taxpayer's refund of use tax paid for stone and oil purchased to manufacture asphalt. The asphalt manufactured by Taxpayer was then used by Taxpayer to improve certain Pennsylvania highways pursuant to its contract with the Pennsylvania Department of Transportation (DOT). We affirm the Board.

Taxpayer...

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