ATCHISON ETC. RY. CO. v. STATE BD. OF EQUAL.

Docket No. 16524.

139 Cal.App.2d 411 (1956)

294 P.2d 181

THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (a Corporation), Appellant, v. STATE BOARD OF EQUALIZATION et al., Respondents.

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

February 24, 1956.


Attorney(s) appearing for the Case

Robert W. Walker, Robert B. Curtiss, L.W. Butterfield, Peart, Baraty & Hassard and George A. Smith for Appellant.

Edmund G. Brown, Attorney General, James E. Sabine, Assistant Attorney General, Ernest P. Goodman and Eugene B. Jacobs, Deputy Attorneys General, for Respondents.


PETERS, P.J.

The plaintiff brought this action to secure a refund of $32,348.90 in use taxes and $9,129.86 interest paid by it under protest on 17 switch engines claimed by plaintiff to be exempt from the tax. The case was submitted to the trial court upon a written stipulation of facts. Judgment was entered in favor of defendants. Plaintiff appeals.

The question presented is whether or not the transactions about to be described were subject to the use tax...

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