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STATE v. STATE BOARD OF EQUALIZATION

No. 9568.

324 P.2d 1057 (1958)

STATE ex rel. Joseph L. ROEDER, doing business under the name and style of Roeder Texaco, Relator and Respondent, v. The STATE BOARD OF EQUALIZATION of the State of Montana, etc., Defendants and Appellants.

Supreme Court of Montana.

May 2, 1958.

Attorney(s) appearing for the Case

Forrest H. Anderson, Atty. Gen., H. O. Vralsted, Sp. Atty. Gen., for appellants.

H. O. Vralsted, Sp. Atty. Gen., argued orally for appellants.

Floyd O. Small, Clayton R. Herron, Helena, for respondent.

Clayton R. Herron, Helena, argued orally for respondent.

W. R. FLACHSENHAR, District Judge (sitting in place of BOTTOMLY, Justice).

The defendants, State Board of Equalization and members thereof, have appealed from a judgment in mandamus proceedings, directing the defendant Board to allow a claim for a gasoline refund in favor of the relator.

Chronology

May 19, 1953, relator purchased 7,200 gallons of gasoline, paying the required state highway license tax, and placed the same in a storage tank in Wolf...

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