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COMPTROLLER OF THE TREASURY v. FAIRCHILD CORP.

[No. 98, September Term, 1961.]

227 Md. 252 (1961)

176 A.2d 210

COMPTROLLER OF THE TREASURY, ETC. v. FAIRCHILD ENGINE AND AIRPLANE CORPORATION

Court of Appeals of Maryland.

Decided December 20, 1961.

Attorney(s) appearing for the Case

William J. McCarthy, Assistant Attorney General, and Edward F. Engelbert, Retail Sales Tax Division, with whom was Thomas B. Finan, Attorney General, on the brief, for appellant.

David W. Byron and Kenneth J. Mackley, with whom were Lane, Bushong & Byron on the brief, for appellee.

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

HENDERSON, J., delivered the opinion of the Court.

This appeal is from an order of court reversing a decision of the Comptroller and entering a judgment against the Comptroller in the amount of $49,486.40, representing a refund of sales and use taxes previously paid by Fairchild. The facts are virtually undisputed.

On July 1, 1954, Fairchild entered into a "study" contract with the United States Air Force, to determine whether it was feasible, from a technical...

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