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HAWES v. SHEPHERD CONSTR. CO.

43378.

117 Ga. App. 842 (1968)

162 S.E.2d 231

HAWES, Commissioner v. SHEPHERD CONSTRUCTION COMPANY, INC.

Court of Appeals of Georgia.

Decided June 6, 1968.

Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, William L. Harper, John A. Blackmon, Assistant Attorneys General, for appellant.

Sutherland, Asbill & Brennan, D. R. Cumming, Jr., Walter H. Wingfield, Weeks & Candler, Murphy Candler, Jr., for appellee.

WHITMAN, Judge.

The Shepherd Construction Company (hereafter called "Shepherd") brought an action in the superior court against the State Revenue Commissioner (hereafter called "Commissioner"), seeking a refund of taxes paid on certain motor fuel consumed by it. Count I of the petition sought refund for fuel consumed during November, 1965, and Count II sought refund for fuel consumed during November, 1963.

Shepherd is a highway contractor, i.e., in the highway...

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