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OKLAHOMA TAX COMMISSION v. SEABOARD SURETY COMPANY

No. 7371.

327 F.2d 709 (1964)

OKLAHOMA TAX COMMISSION, Appellant, v. SEABOARD SURETY COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

February 19, 1964.

Attorney(s) appearing for the Case

Albert D. Lynn and E. J. Armstrong, Attys, Oklahoma Tax Commission, Oklahoma City, Okl., for appellant.

John Wheeler, Jr., Tulsa, Okl., for appellee.

Before MURRAH, Chief Judge, HILL, Circuit Judge, and KERR, District Judge.

KERR, District Judge.

The question for decision on this appeal is whether the performance and payment bonds obligated the Seaboard Surety Company,1 the Appellee herein, to pay to the State of Oklahoma the Use taxes owed by the contractor.

At the threshold we are faced with a motion to dismiss the appeal for the failure of the Appellant to comply with Rule 73(a) of the Rules of Civil Procedure, which provides that: "When an appeal...

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