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RALPH CHILD CONSTRUCTION CO. v. UNITED STATES

No. 8522.

365 F.2d 841 (1966)

RALPH CHILD CONSTRUCTION COMPANY, a corporation, and United States Fidelity and Guaranty Company, a corporation, Appellants, v. The UNITED STATES of America, to the Use and Benefit of WATERWORKS EQUIPMENT COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

September 12, 1966.

Attorney(s) appearing for the Case

Jackson B. Howard, Provo, Utah (Howard & Lewis, Provo, Utah, on the brief), for appellants.

Andrew R. Hurley, Salt Lake City, Utah (Brayton, Lowe & Hurley, Salt Lake City, Utah, on the brief), for appellee.

Before MURRAH, Chief Judge, and SETH and HICKEY, Circuit Judges.

SETH, Circuit Judge.

The appellee commenced this action to collect an account from the Ralph Child Construction Company, the appellant, which arose under an agreement whereby the appellee was to furnish certain items of material and equipment to the appellant in its performance of a contract with the Government. The only issue on this appeal is whether the appellant was obligated to pay the Utah state sales tax on the equipment...

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