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  5. 232 Cal.App.2d 759 (1965)
 

STRIBLING'S NURSERIES, INC. v. COUNTY OF MERCED

Docket No. 396.

232 Cal.App.2d 759 (1965)

43 Cal. Rptr. 211

STRIBLING'S NURSERIES, INC., Plaintiff and Respondent, v. COUNTY OF MERCED, Defendant and Appellant.

Court of Appeals of California, Fifth District.

March 10, 1965.

Attorney(s) appearing for the Case

Willard B. Treadwell, County Counsel, for Defendant and Appellant.

Harold W. Kennedy, County Counsel (Los Angeles), and DeWitt W. Clinton, Deputy County Counsel, as Amici Curiae on behalf of Defendant and Appellant.

James D. Garibaldi, Warren J. Lane and Abe Mutchnik for Plaintiff and Respondent.

STONE, J.

Plaintiff nursery filed an action to recover from defendant County of Merced taxes on nursery stock paid under protest, and received a judgment in the court below. The claim is based upon Agricultural Code section 30.3, which reads as follows: "Inasmuch as the planned production of trees, vines, rose bushes, ornamental plants and other horticultural crops is distinguishable from the production of other products of the soil only in relation to the time elapsing...

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