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COMBUSTION ENGINEERING v. ARIZONA STATE TAX COM'N

No. 7117.

91 Ariz. 253 (1962)

371 P.2d 879

COMBUSTION ENGINEERING, INC., a corporation, Appellant and Cross-Appellee, v. ARIZONA STATE TAX COMMISSION, a body corporate and politic; and Thad Moore, Warren Peterson, and William E. Stanford, as members of and constituting said Arizona State Tax Commission, Appellees and Cross-Appellants.

Supreme Court of Arizona. En Banc.

May 23, 1962.

Attorney(s) appearing for the Case

Snell & Wilmer, Phoenix, for appellant and cross-appellee.

Wade Church, Former Atty. Gen., Robert W. Pickrell, The Atty. Gen., Stanley Z. Goodfarb, Former Asst. Atty. Gen., Joe R. Purcell, Former Asst. Atty. Gen., Phillip M. Haggerty, Asst. Atty. Gen., Phoenix, for appellees and cross-appellants.

LOCKWOOD, Justice.

This is an appeal by Combustion Engineering Inc., a Delaware Corporation, hereafter referred to as the company, and a cross appeal by the Arizona State Tax Commission, from a summary judgment granting the company a partial recovery of taxes it had paid under protest.

The facts stipulated by the parties were in substance as follows: The company has its principal offices in New York City, sales offices in twenty-six United States cities, representatives...

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