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STATE v. KIRK

No. 36305.

204 So.2d 4 (1967)

STATE of Florida ex rel. Brunswick Corporation, a Corporation, Relator, v. Claude R. KIRK, Jr., Governor, Tom Adams, Secretary of State, Fred O. Dickinson, Jr., Comptroller, Broward Williams, Treasurer, Earl F. Faircloth, Attorney General, Doyle Conner, Commissioner of Agriculture, and Floyd T. Christian, State Superintendent of Public Instruction, Together Constituting the Florida Revenue Commission, and Fred O. Dickinson, Jr., As Comptroller of the State of Florida, Respondents.

Supreme Court of Florida.

Rehearing Denied December 5, 1967.

Attorney(s) appearing for the Case

Bryant, Freeman, Richardson & Watson, Jacksonville, for relator.

Earl Faircloth, Atty. Gen., and Larry Levy, Asst. Atty. Gen., for respondents.

BARNS, PAUL D., Justice (Retired):

This is an original action in mandamus against the Florida Revenue Commission, the Comptroller, and others, to force a refund of sales taxes paid the State by the relator. We find for the respondents and deny the writ.

FACTS

The facts of the case are not in dispute, which, as stated in the relator's brief are as follows:

On February 12, 1962, relator sold to Tall Texan, Inc., a corporation of Cocoa Beach...

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