MARDEN, Justice.
On report. To a use tax assessed under our sales and use tax law (Act) (36 M.R. S.A. § 1751 et seq.) against the plaintiff on coke used in the manufacture of "carburetted water gas," which plaintiff sells at retail, plaintiff appealed under Rule 80B M.R.C.P. to the Superior Court. From that Court the case was reported upon an agreed statement of facts.
The part which coke plays in the manufacturing process is stipulated as follows:
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