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GALE v. STATE BD. OF EQUALIZATION

Docket No. 31574.

264 Cal.App.2d 689 (1968)

70 Cal. Rptr. 469

DAVID V. GALE, Plaintiff and Respondent, v. STATE BOARD OF EQUALIZATION, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

August 5, 1968.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Neal J. Gobar, David S. Sperber and Mario A. Roberti, Deputy Attorneys General, for Defendant and Appellant.

Enright, Elliott & Betz, Norman Elliott and Michael J. Fitzpatrick for Plaintiff and Respondent.

SHINN, J.*

David V. Gale sued the State Board of Equalization for refund of motor vehicle transportation license taxes paid to defendant. After appearance by the defendant each party made a motion for summary judgment. The court granted plaintiff's motion, reconsidered its ruling upon motion of defendant, again granted the motion of plaintiff and denied the motion of defendant. Defendant appealed.

Plaintiff is the operator of trucks...

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