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GIBBONS & REED COMPANY v. BUREAU OF REVENUE

No. 8745.

457 P.2d 710 (1969)

80 N.M. 462

GIBBONS & REED COMPANY and Boyles Bros. Drilling Co., a joint venture, d/b/a Azotea Contractors, Plaintiff-Appellant and Cross-Appellee, v. BUREAU OF REVENUE of the State of New Mexico, F.A. Vigil, Commissioner, and Nestor S. Gallegos, Director of Collection and Enforcement, Defendants-Appellees and Cross-Appellants.

Supreme Court of New Mexico.

August 4, 1969.

Attorney(s) appearing for the Case

Standley, Kegel & Campos, Santa Fe, for appellant.

James A. Maloney, Atty. Gen., Gary O. O'Dowd, Deputy Atty. Gen., Justin Reid, Asst. Atty. Gen., Santa Fe, for appellees.

OPINION

TACKETT, Justice.

This action was brought in the District Court of Santa Fe County, New Mexico, against the Commissioner of Revenue for a refund of compensating or use taxes paid under protest. Upon a trial without a jury, the trial court granted judgment for plaintiff in the sum of $5,629.56, and judgment for defendant in the sum of $290.89 for additional taxes owed by plaintiff.

Plaintiff attempted to recover the sum of $20,518.90 paid under...

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