No. 6551.

87 Ariz. 376 (1960)

351 P.2d 654

STATE TAX COMMISSION of Arizona, Appellant, v. CONSUMERS MARKET, INCORPORATED, a corporation, Appellee.

Supreme Court of Arizona.

May 4, 1960.

Attorney(s) appearing for the Case

Robert Morrison, Atty. Gen., Bernard T. Caine and Robert G. Mooreman, Asst. Attys. Gen., for appellant.

James Elliott Dunseath, Tucson, for appellee.

PHELPS, Justice.

This is an appeal from summary judgment entered against the State Tax Commission, defendant, for the recovery of transaction privilege taxes paid under protest by plaintiff-appellee. The parties will hereinafter be referred to as the plaintiff and the Commission.

Plaintiff is a corporation engaged in the business of operating several supermarkets in this state. Its complaint sought a money judgment for the recovery of taxes paid under protest...

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