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HENRY'S REST. OF POMONA, INC. v. STATE BD. OF EQUAL.

Docket No. 39970.

30 Cal.App.3d 1009 (1973)

106 Cal. Rptr. 867

HENRY'S RESTAURANTS OF POMONA, INC., et al., Plaintiffs and Respondents, v. STATE BOARD OF EQUALIZATION, Defendant and Appellant. (Consolidated Cases.)

Court of Appeals of California, Second District, Division Two.

March 5, 1973.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, and Philip C. Griffin, Deputy Attorney General, for Defendant and Appellant.

Fizzolio & Fizzolio, Rubenstein & Hawkins, James M. Fizzolio and Carl Q. Christol for Plaintiffs and Respondents.

OPINION

COMPTON, J.

In these five consolidated actions certain restaurant owners (plaintiffs) sought to recover sales taxes paid under protest on sales claimed by them to be exempted by section 6359 of the Revenue and Taxation Code.

Each plaintiff conducts an eating establishment which combines the usual "sit down" restaurant operation with a "carhop" drive-in restaurant. These establishments sell prepared food for consumption...

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