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COMPTROLLER v. GLENN L. MARTIN CO.

[No. 128, September Term, 1957.]

216 Md. 235 (1958)

140 A.2d 288

COMPTROLLER OF THE TREASURY v. THE GLENN L. MARTIN COMPANY

Court of Appeals of Maryland.

Decided March 31, 1958.

Attorney(s) appearing for the Case

Charles B. Reeves, Jr., Assistant Attorney General, and Edward F. Engelbert, Staff Attorney, Retail Sales Tax Division, with whom was C. Ferdinand Sybert, Attorney General, on the brief, for the appellant.

William L. Marbury, with whom were Charles C.G. Evans, Frederic S. Cross, John Martin Jones, Jr., and Piper & Marbury on the brief, for the appellee.

A brief for the United States as amicus curiae, which urged that the order below be affirmed, was filed by Charles K. Rice, Assistant Attorney General of the United States, Lee A. Jackson and H. Eugene Heine, Jr., Attorneys, Department of Justice, Leon H.A. Pierson, United States Attorney, and J. Jefferson Miller, II, Assistant United States Attorney.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.

Decided March 31, 1958. Certiorari denied, 358 U.S. 820.

BRUNE, C.J., delivered the opinion of the Court.

This case arises out of a claim by The Glenn L. Martin Company (now known as "The Martin Company" and referred to below simply as "Martin") for the refund of Maryland sales and use taxes paid by Martin to the Comptroller on purchases of tangible personal property made by Martin during the period from March 1, 1951, through April 30, 1954, pursuant to three...

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