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VAN CLIEF v. COMPTROLLER

[No. 16, October Term, 1956.]

211 Md. 191 (1956)

126 A.2d 865

VAN CLIEF ET AL. v. COMPTROLLER

Court of Appeals of Maryland.

Decided November 8, 1956.

Attorney(s) appearing for the Case

James A. Ostendorf, for appellants.

Frank T. Gray, Assistant Attorney General, and Edward F. Engelbert, Counsel for Retail Sales Tax Division, with whom was C. Ferdinand Sybert, Attorney General, on the brief, for appellee.

The cause was argued before BRUNE, C.J., and COLLINS, HENDERSON and HAMMOND, JJ., and HENDERSON, J., Chief Judge of the Fourth Judicial Circuit, specially assigned.

COLLINS, J., delivered the opinion of the Court.

This is an appeal from an order of the Baltimore City Court affirming an order of the Comptroller of the State of Maryland, (the Comptroller), which denied a claim for refund of retail sales tax paid by the appellants.

The facts of the case are substantially as follows. The appellants, one of whom owns Nydrie Farm and Stud, and the other the owner of Claiborne Farm, purchased a brood mare named "Leading Home...

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