STATE v. TEXAS INDEPENDENT OIL CO.

No. 7322.

95 Ariz. 216 (1964)

388 P.2d 427

STATE of Arizona and Clyde Killingsworth, as Superintendent of Motor Vehicles, Arizona State Highway Commission, Appellants, v. TEXAS INDEPENDENT OIL CO., Inc., Appellee.

Supreme Court of Arizona. In Division.

January 22, 1964.


Attorney(s) appearing for the Case

Robert W. Pickrell, Atty. Gen., for appellants.

S.W. Langmade, Phoenix (deceased), for appellee.


BERNSTEIN, Justice.

Plaintiff oil company sued to recover a tax penalty paid under protest in 1957 to the Superintendent of Motor Vehicles pursuant to A.R.S. §§ 28-1501 and 28-1506. The case was heard by the court without a jury and judgment was rendered in favor of the plaintiff-appellee, in the amount of the penalty. The state appeals the judgment and plaintiff filed a cross appeal urging this court to award interest...

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