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INDUSTRIAL URANIUM CO. v. STATE TAX COM'N

No. 7162.

95 Ariz. 130 (1963)

387 P.2d 1013

INDUSTRIAL URANIUM COMPANY, a Utah Corporation, Appellant, v. STATE TAX COMMISSION of Arizona, consisting of William Stanford, Chairman, and Thad E. Moore and Warren Peterson, Members, Appellees.

Supreme Court of Arizona, En Banc.

December 19, 1963.

Attorney(s) appearing for the Case

Laurence Davis, Phoenix, and Wilford M. Burton, Salt Lake City, Utah, for appellants.

Wade Church, former Atty. Gen., Robert W. Pickrell, Atty. Gen., and Arthur E. Ross, former Asst. Atty. Gen., Phoenix, for appellees.

STRUCKMEYER, Justice.

Under protest appellant paid certain transaction privilege taxes assessed by the State Tax Commission and by this action sought a refund pursuant to the applicable statute, A.R.S. § 42-1339. The cause was dismissed in the court below for failure to state a claim on which relief could be granted and this appeal duly followed.

Appellant is a Utah corporation engaged in the business of mining...

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