The Montgomery Advertiser from Montgomery, Alabama • 14

May 14, 2011 Montgomery Advertiser Court: No extra tax for Logan's peanuts By Bob Johnson The Associated Press The peanuts appear to be free at a Logan's Roadhouse restaurant, and are available in big barrels in the waiting area and by the bucket load on dining tables. But an Alabama appeals court ruled Friday that customers actually pay 9 cents per order for the peanuts when they pay their bill. The ruling by the Alabama Court of Civil Appeals means that the state can't charge Logan's an additional use tax for the peanuts. There are 19 Logan's restaurants in Alabama. DEATH NOTICES I Contact the Obituary Desk, (334) 261-1551 or email Monday-Friday 8 a.m.-5 p.m.

Saturday-Sunday 11 a.m.-3 p.m. are archived online at montgomeryadvertiser.com NAME -TIME BOLLING, Mrs. Georgia 2:00 p.m. BURTON, Lois S. 1:00 p.m.

CIAMBOR, Mr. James J. 11:00 a.m. COOPER, Herbert 11:00 a.m. GREEN, Albert E.

2:00 p.m. INMAN, Martha K. 11:00 a.m. MURPHY, Joseph V. 11:00 a.m.

PAULK, Glenn M. 10:30 a.m. PERRY, John L. 9:00 a.m. POOLE, Rufus E.

10:00 a.m. RAY, John C. 2:30 p.m. SPENCER, Mildred SPINOZZI, Carl A. 11:00 a.m.

WALKER, Mr. Joseph 10:00 a.m. May 14, 2011 Leak-Memory Chapel Lincoln Road (334)272-6501 MURPHY, Joseph age 92 of Millbrook, AL. passed away Thursday, May 12, 2011. The family will receive friends at Leak-Memory Chapel on Sunday, May 15, 2011 from 5 pm-7 pm.

Funeral services will be held on Monday, May 16, 2011 at at St. Michael All Angels' Episcopal Church in Millbrook with the Rev. Mark Waldo, Jr. Burial will follow at Oakwood Annex Cemetry. Mr.

Murphy is survived by his devoted 72 years, Anne Faulkenberry Murphy; one son Burl Edward Murphy, daughter-in-law, Judi Wallace Murphy, one grandchild, Gena (Christopher) Hancock, and great-grandson, Cole Hancock. Memorial donations can be made to St. Michaels All Angels Building Fund, P.O.Box 586, Millbrook, AL 36054. Leak-Memory Chapel Directing www.leak-mc.com WALKER, Joseph Gregory a resident of Wetumpka, AL died May 11, 2011. A visitation followed by a Rosary will be held at 5:00 pm on Sunday, May 15, 2011 at Saint Peter Catholic Church.

Funeral service will be held on Monday, May 16, 2011 at am at Saint Peter Catholic Church with Father Patrick Driscoll officiating. Greg was preceded in death by his parents Robbie and Bill Walker Funeral Service Moral Directory COMPLETE FUNERAL $4500 EXCELLENT SERVICE LOWEST PRICES IN MONTGOMERY 334-613-1866 MASSEY MEMORIAL Funeral Home Chapel 3048 Dorchester Drive Montgomery, AL 36116 (Located Next To Peoples Baptist Church) Webster-Progressive "Affordable Funerals" Serving All Counties (334) 727-2899 6 Miles from Montgomery, I-85N Sarah to Exit 16, turn Garrison right, go to stop Webster, sign, left for 4 miles Owner LFD on Hwy. 80 East. TO BE INCLUDED IN THIS DIRECTORY CALL (334) 261-1551 The case ended up in court after Logan's appealed a ruling by an administrative law judge for the Department of Revenue, who said the restaurant does not put the peanuts on the menu and should pay a separate use tax, or a sales tax when it purchases the nuts, just like it does for other non-menu four sisters, Ester Traywick, Clara Deavers, Ruth Wiggins, and Addie Wyatt, and two brothers, Homer Ray and J. B.

Ray. He is survived by his present wife, Judy K. Ray; two daughters, Joan (Joel) Cox and Susan (Donnie) McBrayer; two sons, Richard (Becky) Ray and Phil Ray; two step daughters, Tracey (Jack) Miller Ozley; seven grandchildren, Christy Beasley, Tommy Boyer, Blake (Alison) Ray, Brian (Dela) McBrayer, Joe (Amanda) Cox, Stacy (Otis) Smith, Alicia (Randy) Mills; stepgrandchildren, Andrea and Logan Tenneyson Miller, Ozley; Landon five Brooke, Kendall, and Cameron Beasley, John Carson McBrayer, and Alexis Hamrick; two sisters, Gattie Mullins and Wilma Owens; and one brother, Thomas Aubrey Ray. Pallbearers will Brian McBrayer, Joe Cox, Blake Ray, Jeff Beasley, Otis Smith, and Randy Mills. Flowers will be accepted or memorial donations may be sent to the charity of one's choice.

The family receive friends at Prattville Memorial Chapel on Saturday evening from 5:00 until 7:00 p.m. To express online please visit www.prattvillememorial.com Southern Memorial Funeral Home and Crematorium 3154 Highland Avenue (334)271-4404 SPINOZZI, Carl 67, passed away May 13th. A Memorial Service will be held on Monday, May 16, 2011 at 11 am in the Chapel at Frazier UMC the family will receive friends 30 min. prior to the service. He is preceded in death by his parents, Anthony AngeliSpinozzi.

is survived by his wife, Gerri Spinozzi; children, Scott Bieber, Jennifer (Donnie) Day, Donna (Todd) Wells, Jennifer (Patrick), Quigley; grandchildren, Alex, Dylan, Amber, Savannah, Morgan, Mallory, Samantha, Matthew Nicolas; sister, Barbara Cole and brother, Robert Spinozzi. Carl was retired from the Colorado Springs Police Department. In Lieu of flowers donations may be made to Baptist Hospice or UAB Parkinson Disease Research. White Chapel Greenwood 909 Lincoln Road (334)272-3181 Scott Bell. White Chapel Funeral Home Directing GREEN, Albert 78, a resident of Montgomery, AL, passed away on Wednesday, May 11, 2011.

Visitation will be on Saturday, May 14, 2011 from 4:00 P.M to 6:00 P.M. at White Chapel Funeral Home. Funeral services will be held on Sunday, May 15, 2011 at P.M. at White Chapel Funeral Home with presale Seevers officiating. Burial follow in Monfgomery Memorial Cemetery.

Mr. Green was a loving father, grandfather, great-grandfather. and friend and will be deeply missed by all who knew him. He also served his country proudly in U.S. during the Korean Mr.

Green was preceded in death by his parents, Leona Green and Lewis Green; his wife, Frances Green, and one sister, Mildred Barlow. He is survived by his children, Teresa Wheeler (Ike), Julia Barnhill, Albert Green, Jr. (Lisa), Janet Green, Frances Bell (Scott), Annie Green, Amanda Vogel, Albert Knight (Sheri), and Quida Sipper (Davey); two sisters, Janie G. Holmes (Harry) and Annie Kate Ratliff; 18 grandchildren, 3 great-grandchildren and great-grandson due in August; four nieces and five pet nephews; and and his beloved longtime companion, Rosebud. Pallbearers will be Timothy Bell, Hunter Green, James Warbington, Robert Pinson, Rob McCaa, Greg.

Bradford. Honorary pallbearer will be Ridout's Prattville Chapel (334)365-5982 BURTON, Lois Stephens, a resident of Prattville, AL. age 99, born August 21, 1911 and passed away May 9, 2011. Funeral services will be held Monday, May 16, 2011 at from Prattville First Baptist Church with Dr. Travis Cole- items, like cleaning supplies and pots and pans.

A Jefferson County court ruled that Logan's does charge customers for the peanuts by increasing the price of each menu item. The appeals court, in a 5-0 ruling, agreed with the lower court that Logan's does charge for peanuts by add- man officiating. A private family graveside service will follow. family will receive "friends at the church beginning at 11:30 AM until service time. Mrs.

Burton was preceded in death by her husband, Oran Claude Burton; parents, John Hubbard and Docia Stephens; brother and sister-in-law, Elliott and Delsie Stephens; sister and brother-in-law, Louise and Clyde Bishop and daughter-in-law, Patricia Dempsey Burton. Survivors include sons, Herbert Oran (Ellen) Burton, B. Gene (Befly) Burton, Bill W. (Chariotte) Burton, Steve (Sue) Ginger Burton; grandsons, Kevin Michael (Gay) Moore, David Kelly (Charolette) Burton, Frank Stephens (Melissa) Burton, William Bradley (Mary) Burton, Robert Oran (Sharon) Burton and Kenneth Bishop (Laura) Burton; granddaughters, Claudia Burton (Duncan) Brave. Susan Paige Burton and Lisa Burton (Scott) Stripe; greatgrandsons, Cameron Burton (Courtney) Moore, Justin Matthew Michael (Cassie) Bur- Moore, David Logan Jacob Brave, Andrew Joseph Brave, Malcolm James Brave, Stephen Edward Stripe, Daniel Oran Burton, Christopher Aaron Burton and William Bishop Burton; greatgranddaughters, Amber Jane Elisabeth Burton, Virginia Laurie Margaret Burton, Savannah Lee Burton, Susanne Virginia Stripe, Emily Rae Burton, Madeline Claire Rayner Burton and Kristen Elaine Burton; great-greatgrandchildren, Patrick Daniel Moore and Liza Ryan Moore; nephews Ken Bishop and Randy Stephens; niece, Tommie Sue Stephens Patterson.

A special thanks to Dr. Robert K. Nichols and the staff of Greensprings Assisted Living, and Joann Reese for their love and care. Pallbearers will be Kevin Moore, David Burton, Frank Burton, Brad Burton, Bob Burton, Ken Burton, Scott Stripe and Stephen Stripe. Honorary pallbearers will be The Sunday School Class of First Baptist Church.

The family request in lieu of flowers memorial contributions be made to the Friends the Prattville Library, P.O." Box 681128, Prattville, AL 36068. For online, condolences go to I.com Ridout's Prattville Chapel Directing Dunklin Daniels Funeral Home Greenville (334)382-2667 CIAMBOR, Mr. James Joseph (Joe), 42, a resident of Praftville, AL, died Thursday in a Montgomery Hospital. The family will receive friends on Sunday evening from 6 until 8 p.m. at New Vision Baptist Church, 1585 East Main Street, Prattville, AL.

Visitation will also be on Monday, May 16, 2011 from 10:00 a.m. until funeral time. Funeral Services will be held on Monday, May 16, 2011 at 11 a.m. at New Vision Baptist Church with Rev. Butch Burt and Rev.

Steve Whitehead officiating. Burial will be in Prattville Memory Gardens, Prattville, AL. Dunklin Daniels Funeral Home of Greenville, AL directing. Survivors include his wife: Wendy Jean Ciambor, son: Drew Ciambor of Prattville, daughter: Cassady Ciambor of Prattville, AL, Vonceil Thomas of Niceville, FL, father: James Joseph Ciambor (Fran) of Santa Rosa Beach, FL, brother: Nathan Ciambor (Angie) of Niceville, FL, father-in-law and mother-inlaw: Donald and Margaret Sandau of Prattville, AL, grandmother: Ruth Ciambor of Salinas, CA, nieces and nephews: Thomas Adam Ciambor and Jami Lynn Ciambor, uncle: Jack Thomas (Angela) Prattville, AL, aunt: Jeannette Nathanson (Art) of Carmel Valley, CA, cousins: Suzanne Lee and Ronald Thomas, brothers-in-law: Donald Sandau (Angella) and Wade Sandau. The family will receive flowers or donations be made to the American Cancer Society, 3617 Debbie Drive, Montgomery, AL 36101.

For online condolences, please visit: inanddanielsfh.com. ing to the bill, in the same way it pads the customer's bills to cover the cost of rolls, butter and other tabletop items. "The peanuts are part of total dining experience. When we make up menu prices we include these kinds of items in the prices. POOLE, Rufus Edward, age 81, a resident of Greenville, AL died on Thursday, May 12, 2011.

Graveside services will be held on Saturday, May 14, 2011 at 10:00 a.m. in Magnolia Cemetery with Dunklin Daniels Funeral Home directing. Mr. Poole was preceded in death by his wife, Dorothy Tatum Poole. He is survived by his Jennie Hutto Montgomery, AL Rufus (Bonnie) of Greenville, AL Robert Poole of Greenville, AL grandchildren, Thomas Hutto, Michael (Holly) Hutto, Jennie Vieve (Eric) Richardson, Jacob Poole, Eli (Mandy) Poole andchildren, brother William (Eloise) Panama City Beach, FL sister, Caroline Ryan of Greenville, AL and many nieces and nephews.

Online condolences may be made at www.dunk- Gray Funeral Home Union Springs (334)738-2630 PAULK, Glenn Murray of Union Springs, Alabama passed away Friday, May 13, 2011 at the of 86. Funeral services will be held Monday, May 16, 2011 from the First United Methodist Church of Union Springs at 10:30 am with Rev. Ron Lee officiating interment will follow in Oak Hill Cemetery. Paulk was active member of First United Methodist Church. He was preceded in death by his parents Livingston and Bonnie, Paulk, his wife Carolyn Waters Paulk, sister Annie Mae Turner, and brothers James and Fred Paulk.

Mr. Paulk is survived by his daughters Glenda (Jamie) Cody of Navarre, FL and Patsy, (Stuart) Lockwood of Montgomery: grandchildren Chris Cody, Shannon (Steve) Avis, Caroline Lockwood; brother Thomas (Helen) Paulk of Montgomery; Sister Jane (Jerry) Cope of Union Springs. Pallbearers will be Kyle Currington, Billy Pugh, Johnny Waters, Stan Cope, Tommy Paulk, Johnny Adams, Hal Adams, Jeff Paulk, Sammy Waters, Steve Smilie, Freddie Turner, Bert Clotfelter, Robin Kruger. In lieu of flowers, the family requests memorials be made to Children's Center School, 310 N. Madison Terrace, Montgomery, AL 36107 or The First United Methodist Church 101 Powell Street, Union Springs, AL 36089.

The family will receive friends at Gray Funeral Home from 5:00 until 7:00 pm on Sunday, May 15, 2011. Turner Funeral Home (334)335-5891 INMAN, Martha K. Radford, a resident of Montgomery, passed away on Thursday, May 12, 2011 in Jackson Hospital. Graveside services will be held on Saturday at 11:00 a.m. at Alabama Heritage Cemetery with Rev.

Tom Boone, Pastor, Memorial Presbyterian Church, officiating. Mrs. Inman was a member of Memorial Presbyterian Church. She was active in the Retired Officers' Wives Club of Maxwell AFB and the New Era Literary Club of Montgomery. She is surone daughter, Kathy Janet Inman, nephews Richard Radford of Opelika, AL, and Johnny Radford of Mesa, niece, Linda Tucker of Smiths Station, Alabama, and cousins, Christine Radford Vaughan of Selma, AL, Frances T.

Macomber and Mary Alice Waits of Montgomery, AL, and many friends. Memorials may be made BOLLING, Mrs. Georgia DeFee, 88, a resident of Luverne died Friday May 13, 2011. Funeral service will be 2 PM Sunday May 15, 2011 at the Chapel of Turner Funeral Home with Rev. Michael Nicholson officiating.

Interment will follow in Rutledge Cemetery with Turner. Funeral Home of Luverne directing, Mrs. Bolling is in death by her husband, Jesse Bolling; a daughter, Joyce L. Gafford; and a son, Glenn Bolling. Survivors include two sons, Jesse Lamar (Linda) Bolling and Marvin (Pat) Bolling; nine grandchildren and eighteen great grandchildren; and a sister, Geraldine (Bill) Knight.

Active pallbearers will be Darren Bolling, Lamar Bolling, Errin Johnson, Trey Johnson, Jeromy Moseley, Alex Tillery, Tim Bolling and Tommy Gafford. The family will receive friends at the funeral home Saturday from 6 pm until 8pm. Other Memorials The restaurant diner is the proper person to pay tax on it," said Bruce Rawls of Birmingham, an attorney for Logan's. Attorney Joe Garrett of the Alabama Department of Revenue said Department of Revenue officials had not decided if they would appeal the ruling. DATE FUNERAL HOME May 15: May 16 May 16 May 16 May 15 May 14 May 16 May 16 May 16 May 14 May 15 Turner Ridout's Dunklin Daniels Prattville Memorial White Chapel Leak-Memory Gray Bring's Broadway Dunklin Daniel Prattville Memorial May 16 Southern Memorial May 1 16 Leak-Memory and his brother Bill Walker Jr.

He was an Eagle Scout, an avid golfer and wonderful father and grandfather. Greg is survived by his wife, Mary Stanaland Walker; three children Joseph Gregory Walker, Jr. (Meredith), Claire Ingram (Truman); three granddaughters, Lila Jean Elizabeth and Bailey Claire Ingram and Jeanie Walker; sister, Lynne Honorary Pallbearers are Brad Walker, Bill Walker Ill, Matt Fetner, Bud Stanaland, Mike Stanaland and David Stanaland. In lieu of flowers the request that contributions be made to Montgomery, Catholic PreparaRd. tory School, Montgomery, 5350 Vaughn.

36116. Leak-Memory Chapel Directing www.leak-mc.com Prattville Memorial Chapel Prattville www.prattvillememorial.com COOPER, Herbert 81, a resident of Autaugaville, AL, died, peacefully on Friday, May 13, 2011. Funeral services will be held on Monday, May 16, 2011, at 11:00 a.m., from the Chapel of Prattville Memorial, with burial following in Bethesda Baptist Church Cemetery, Prattville Memorial Chapel directing. Mr. Cooper was a Veteran of the Korean War proudly serving his country with the United States Army.

He was preceded in death by five brothers, C. L. Cooper, Louis Cooper, his twin brother, Hubert Cooper, Ralph Cooper, and Raymond Cooper. He was also preceded in death by one sister, Margaret Pearl Ray. He is survived by two sistersin-law, Dorothy "Dot" Cooper and Louise Cooper; his devoted companion, Carrie Lois McDowell; numerous nieces, nephews, extended family members and friends.

Special appreciation is extended to Ollie Mumford, and the entire Staff of Southern Care Hospice for their loving care and professionalism. family receive friends at Prattville Memorial Chapel on Sunday evening from 5:00 until 7:00 p.m. To express online condolences, please visit www.prattvillememorial.com RAY, John Carson, 86, a resident of Prattville, AL, died peacefully on Thursday, May 12, 2011, after an extended illness. Funeral services will be held on Sunday, May 15, 2011, at 2:30 p.m., from the Chapel of Prattville Memorial, with Reverend Glenn Brock and Reverend Dave McLemore officiating. Burial will follow, with Military Honors, in Prattville Memory Gardens, Prattville Memorial Chapel directing.

li was a World War Veteran, who proudly country in the United States Army. Following his military service, he was employed with the Montgomery Water Works Board from which he retired after many years. He was a devoted husband, father, grandfather and great grandfather who was dearly loved and will be deeply missed. He was preceded in death by two wives, Agnes Laverne Foshee Ray and Mary Evelyn "Mickey" Hughes Ray; one infant son, John Michael Ray; his parents, Lonnie and Beadie Powell Ray; to the Autism Society, 4340 East-West Highway, Suite 350, Bethesda, MD 20814 or to Memorial Presbyterian Church, 2130 Bell Road, Montgomery, Alabama 36117. SPENCER, Mildred, Howard passed away Wed May 4, 2011 at Jackson Hospital.

She was born in 1927 in Union County, NC to Edna Cunningham and Henry Disc Howard. She was preceded in death by her son Stanley Neal. She is survived by her husband of 68 years, Harrison Spencer; son, Richard Spencer and Janet Roberts Bracknell' (Tony); grandchildren, Shannon Caton Roberts; grandchildren, Danielle (Dani) and Alexandria (Alex) Caton, Kenni Murph, Gracie and Tony Gomez and special friend Bandit. Services were held at Emmanuel Baptist Church, Indian Trail, NC with burial at Sharon Memorial Garden, Charlotte, NC. Family quests donations to Emmanuel Baptist Church in lieu of flowers.

Out-of-State Colonel John L. Perry, son, Arizona. Retired John L. Perry was born a at his family's farm in Waukomis, OK on October 28, 1932. He took his final flight on May 9, 2011 to meet his Lord and Savior.

He was preceded in death by his wife of years, Judith S. Perry, and his parents, John Calvin Perry and Edna Eckhardt At a young age, his family. relocated to a farm South Haven, KS. He majored in geology at the University of Kansas and was augmented by a baseball scholarship. He joined the USAF and served his country for 28 years.

He was a fighter pilot and served as a Forward Air Controller in Vietnam. He later as a Flight Training Instructor, Air Operations Officer and Services Staff Officer. He received the Silver Star, Legion of Merit, and Air Medal and 16 Oak Leaf Clusters as well as many other commendations. Survivors include his son, John M. (A- ngie) Perry of Valley Grande.

AL: daughters, Joy P. (John) Carchedi of Georgetown, TX; Jeanine P. White of Peoria, AZ; sisters, Bonnie (Paul), Cantrell, Wellington, KS; Leola Frost, Wellington, KS; brother, Jim (Elizabeth) Perry of Lynnwood, WA; grandchildren, Kathryn M. (Doug) Winter, Sacramento, CA; Karolyn J. Mayo, Sacramento, CA; Turner C.

Mayo, Austin, TX; Elizabeth J. Perry, Valley Grande, AL; Brittany P. (Alfredo) Pacheco, Buckeye, AZ; Kaylee C. Bearden, Peoria, AZ; Johnathon P. White, Peoria, AZ; Ashley W.

(Ryan) Bakemeier, Whitehall, NY. He is also survived by four great-grandchildren and numerous nieces and nephews. He was a true American hero and patriot who will greatly missed by his family and friends. Memorial Service 9:00 AM, Monday, May 16, 2011 at Holy Way Presbyterian Church, with Rev. Ray Thomas officiating.

Interment will follow at 1:00 PM, at Ft. Huachuca Post Cemetery, Sierra Vista, AZ, with full military honors. In lieu of flowers donations may be made to the Holy Way Presbyterian Church, 4040 S. Bilbray, Tucson, AZ 85746; Casa de la Luz Hos400 W. Magee Tucson, AZ 85704 or St.

Joseph's Indian School, 1301 N. Main Chamberlain, SD 57325. Arrangements by Bring's Memorial Chapel, 236 S. Scott Tuc-.