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DUTTON LBR. CORP. v. TAX COM.

228 Or. 525 (1961)

365 P.2d 867

A.C. DUTTON LUMBER CORPORATION v. STATE TAX COMMISSION

Supreme Court of Oregon.

Reversed October 25, 1961.

Attorney(s) appearing for the Case

Richard Rink, Assistant Attorney General, Salem, argued the cause for appellants. With him on the briefs was Robert Y. Thornton, Attorney General, Salem.

Maurice O. Georges, Portland, argued the cause for respondent. With him on the brief were King, Miller, Anderson, Nash & Yerke, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

REVERSED.

WARNER, J.

The plaintiff, A.C. Dutton Lumber Corporation, appealed to the circuit court for Multnomah county from a determination of the defendant Tax Commission that there was a deficiency in plaintiff's 1958 Oregon corporation excise tax. The appeal was taken pursuant to ORS 314.460 and proceeds as a suit in equity. The Commission's demurrer to the complaint for want of sufficient facts was overruled. Thereafter, the Commission filed its answer...

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