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MARKET ST. RY. CO. v. CAL. ST. BD. EQUAL.

Docket No. 16359.

137 Cal.App.2d 87 (1955)

290 P.2d 20

MARKET STREET RAILWAY COMPANY (a Corporation), Appellant, v. CALIFORNIA STATE BOARD OF EQUALIZATION, Respondent.

Court of Appeals of California, First District, Division One.

November 18, 1955.

Attorney(s) appearing for the Case

Keith, Creede & Sedgwick, Frank J. Creede and John S. Howell for Appellant.

Edmund G. Brown, Attorney General, James E. Sabine, Assistant Attorney General, Ernest P. Goodman and Sho Sato, Deputy Attorneys General, for Respondent.

PETERS, P.J.

Market Street Railway Company, hereafter referred to as Market, paid under protest, sales taxes, together with interest and penalty, assessed against it for the period August 1, 1933, to December 31, 1948, in the amount of $111,359.36, and then brought this action to recover this payment.* During the trial it was stipulated that the taxes in part had been erroneously assessed against the sale of real property, and that, in...

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