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MAGEE v. HOME DEPOT U.S.A., INC.

2100715.

95 So.3d 781 (2011)

Julie P. MAGEE, in her official capacity as Commissioner of Revenue of the State of Alabama, and the State of Alabama Department of Revenue v. The HOME DEPOT U.S.A., INC.

Court of Civil Appeals of Alabama.

Certiorari Denied May 11, 2012 Alabama Supreme Court 1110220.

Attorney(s) appearing for the Case

Mark Griffin , asst. counsel and asst. atty. gen., Alabama Department of Revenue, for appellants.

Bruce P. Ely , Philip J. Carroll III , James E. Long, Jr. , and Marc James Ayers of Bradley Arant Boult Cummings LLP, Birmingham; and Randy M. Mastro , Jennifer H. Reardon , and Georgia K. Winston of Gibson, Dunn & Crutcher LLP, New York, New York, for appellee.

THOMPSON, Presiding Judge.

Julie P. Magee, in her official capacity as the Commissioner of Revenue of the State of Alabama,1 and the State of Alabama Department of Revenue (collectively, "the Department") appeal from a summary judgment entered by the Montgomery Circuit Court in favor of The Home Depot U.S.A., Inc. ("Home Depot"), reversing the Department's denial of a refund of sales tax to Home Depot and awarding Home Depot a refund of...

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