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BURGDORF v. FUNDER

Docket No. 681.

246 Cal.App.2d 443 (1966)

54 Cal. Rptr. 805

OTTO BURGDORF, Plaintiff and Appellant, v. ELVIN L. FUNDER, Defendant and Respondent.

Court of Appeals of California, Fifth District.

November 14, 1966.

Attorney(s) appearing for the Case

Otto Burgdorf, in pro. per., for Plaintiff and Appellant.

McGregor, Bullen & Erich and William C. McKinley for Defendant and Respondent.

GARGANO, J.

Plaintiff appeals from a judgment of dismissal entered in favor of defendant after his motion for judgment on the pleadings was granted. The undisputed facts, as established by the pleadings, are substantially as follows:

[1a] The plaintiff, who is a rancher, filed a claim with the State Controller, Division of Tax Collection and Refund, for the refund of gasoline taxes which he had paid for fuel used during the period from October...

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