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HINES LUMBER CO. v. STATE TAX COMM.

215 Or. 453 (1959)

336 P.2d 75

EDWARD HINES LUMBER CO. v. STATE TAX COMMISSION

Supreme Court of Oregon.

Affirmed in part, reversed in part March 4, 1959.

Attorney(s) appearing for the Case

Ralph R. Bailey and Bernard Shevach, Portland, argued the cause for appellant. On the briefs were Bernard Shevach and Maguire, Shields, Morrison & Bailey.

Carlisle B. Roberts, Salem, Assistant Attorney General, argued the cause for respondents. With him on the brief were Robert Y. Thornton, Attorney General, and Donald J. Griswold, Assistant Attorney General, Salem.

Hart, Davidson & Veazie, Portland, filed a brief as Amici Curiae.

Before PERRY, Chief Justice, and WARNER, McALLISTER, SLOAN and O'CONNELL, Justices.

REVERSED IN PART, AFFIRMED IN PART.

PERRY, J.

The plaintiff, the Edward Hines Lumber Co., brought two suits in the Circuit Court of the State of Oregon for Harney County to recover moneys claimed as refunds arising from an alleged overpayment of taxes for the years 1948 and 1949. The suits were consolidated for trial. The trial court entered a decree for the defendants and the plaintiff has appealed.

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