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CAL. CIGARETTE CONCESSIONS v. CITY OF L.A.

Docket No. L.A. 25257.

53 Cal.2d 865 (1960)

350 P.2d 715

3 Cal. Rptr. 675

CALIFORNIA CIGARETTE CONCESSIONS, INC. (a Corporation), Respondent, v. CITY OF LOS ANGELES, Appellant.

Supreme Court of California. In Bank.

March 30, 1960.

Attorney(s) appearing for the Case

Roger Arnebergh, City Attorney, Bourke Jones and James A. Doherty, Assistant City Attorneys, for Appellant.

Irmas & Rutter, William A. Rutter and Sydney M. Irmas, Jr., for Respondent.

SPENCE, J.

Defendant appeals from a judgment entered in plaintiff's favor in an action to recover municipal business license taxes allegedly overpaid for the years 1951-1954, inclusive.

There is practically no dispute concerning the facts. Plaintiff is engaged in the business of selling cigarettes to the public by means of automatic vending machines placed in various retail establishments, such as restaurants, cafes...

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