UTAH OIL REFINING CO. v. HENDRIX

No. 7847.

242 P.2d 124 (1952)

UTAH OIL REFINING CO. v. HENDRIX et al.

Supreme Court of Idaho.

March 18, 1952.


Attorney(s) appearing for the Case

Oscar W. Worthwine and Robert W. Green, Boise, for plaintiff.

Merlin S. Young, Prosecuting Atty., and Blaine F. Evans, Deputy Prosecuting Atty., Boise, for defendants.

Robert E. Smylie, Atty. Gen., and Edward J. Aschenbrener, Asst. Atty. Gen., as amici curiæ.


PORTER, Justice.

This is an original proceeding in this court whereby plaintiff seeks a writ of mandate to compel defendants to obey an order of the State Tax Commission. The petition of plaintiff, the answer of defendants and plaintiff's motion to strike the affirmative defenses set out in the answer constitute the pleadings. Briefs having been filed, and oral argument in open court having been heard, the matter is now before this court for determination.

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