HAMILTON, J.
Plaintiff, a building contractor, brought this action seeking to obtain a refund of use taxes assessed and paid, between January 1, 1958, and September 30, 1961, with respect to certain concrete form lumber. The trial court granted the relief prayed for. The state appeals.
Based upon the stipulated facts, the question is: Is a building contractor liable for the state use tax on the value of form lumber where (a) the contractor does not pay a retail...
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