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10/28/94 FLEMING FOODS ALABAMA v. DEPARTMENT

October 28, 1994

FLEMING FOODS OF ALABAMA, INC.
v.
THE DEPARTMENT OF REVENUE, STATE OF ALABAMA



Appeal from Geneva Circuit Court. (CV-88-063). P. B. McLauchlin, Jr.

Released for Publication January 30, 1995.

Yates, Judge. Robertson, P.j., and Thigpen, J., concur.

The opinion of the court was delivered by: Yates

On Remand from the Supreme Court

YATES, Judge

The prior judgment of this court has been reversed by the Supreme Court of Alabama and the case remanded for further proceedings. On remand to this court, and in compliance with the Supreme Court's opinion of September 16, 1994, So. 2d (Ala. 1994), the judgment of the trial court is affirmed.

AFFIRMED.

Robertson, P.J., and Thigpen, J., concur.

19941028

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