
    FLEMING FOODS OF ALABAMA, INC. v. The DEPARTMENT OF REVENUE, State of Alabama.
    AV92000300.
    Court of Civil Appeals of Alabama.
    Oct. 28, 1994.
    Henry F. Lee III, Geneva, and Richard C. Hutchison of Snow, Hutchison & Neider, Salt Lake City, UT, for appellant.
    James H. Evans, Atty. Gen., and Ron Bow-den, Chief Counsel, and J. Wade Hope, Asst. Counsel, Dept, of Revenue, and Asst. Attys. Gen., for appellee.
   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 ease remanded for further proceedings. On remand to this court, and in compliance with the Supreme Court’s opinion of September 16,1994, 648 So.2d 577 (Ala.1994), the judgment of the trial court is affirmed. AFFIRMED.

ROBERTSON, P.J., and THIGPEN, J., concur.  