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SHAW v. STATE

No. 1 CA-CIV 524.

8 Ariz. App. 447 (1968)

447 P.2d 262

Harold M. SHAW, dba Shaw Truck Leasing Company, and Ryder Truck Rental, Inc., Appellants, v. The STATE of Arizona and Clyde Killingsworth, as Superintendent of Motor Vehicles, Arizona State Highway Department, Appellees.

Court of Appeals of Arizona.

November 20, 1968.

Attorney(s) appearing for the Case

Lutich, D'Angelo & Wilson, by Richard A. Wilson, Phoenix, for appellants.

Gary K. Nelson, Atty. Gen., Darrell F. Smith, Former Atty. Gen., George Ridge, Jr., Frank J. Sagarino, Asst. Attys. Gen., for appellees.

DONOFRIO, Judge.

This action was commenced on May 19, 1959, for the recovery of certain taxes and penalties collected from plaintiffs. All taxes referred to herein were paid from receipts derived from the leasing or renting in Arizona of motor vehicles which weighed in excess of 6,000 pounds (A.R.S. § 40-601, subsec. A(5)). Plaintiff Shaw had paid a total of $2,537.62 before this suit was filed, and pursuant to the...

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