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REPUBLIC INSURANCE CO. v. COMMISSIONER OF TAXATION

No. 39546.

138 N.W.2d 776 (1965)

REPUBLIC INSURANCE COMPANY and Vanguard Insurance Company, Respondents, v. COMMISSIONER OF TAXATION, Relator.

Supreme Court of Minnesota.

Rehearing Denied December 17, 1965.

Attorney(s) appearing for the Case

Robert W. Mattson, Atty. Gen., Jerome J. Sicora, Asst. Atty. Gen., St. Paul, for relator.

W. H. Oppenheimer, St. Paul, for respondents.

Thomas C. Lynch, Atty. Gen. of California, Harold B. Haas, Asst. Atty. Gen., San Francisco, Cal., amici curiae.

MURPHY, Justice.

Certiorari to review an order of the Board of Tax Appeals reversing an order of the commissioner of taxation denying respondents' claims for refund. The issue involves the application to out-of-state insurance companies doing business in Minnesota of subd. 1 of Minn.St. 71.23, the so-called Minnesota retaliatory law.

From the record it appears that both respondents, Republic Insurance Company and Vanguard Insurance Company, are organized under...

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