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PHILLIPS PETROLEUM COMPANY v. WAGSTAFF

Nos. 11240, 11274.

450 P.2d 100 (1969)

22 Utah 2d 177

PHILLIPS PETROLEUM COMPANY, a corporation, Plaintiff and Respondent, v. Donald H. WAGSTAFF et al., Defendants, Utah State Tax Commission, Defendant and Appellant. GREAT STATES LIFE INSURANCE COMPANY, a corporation, Plaintiff and Respondent, v. TOLEDO METAL ARTS, a Utah corporation, aka Toledo Metal Arts, Inc., et al., Defendants, Utah State Tax Commission, Defendant and Appellant.

Supreme Court of Utah.

January 28, 1969.

Attorney(s) appearing for the Case

Phil L. Hansen, Atty. Gen., M. Reed Hunter, Asst. Atty. Gen., Salt Lake City, for appellant.

Macoy A. McMurray, Salt Lake City, for Phillips Petroleum Co.

John G. Marshall and Walker E. Anderson, Salt Lake City, for Great States Life Ins. Co.

TUCKETT, Justice:

The above entitled cases were consolidated on appeal to this court. The plaintiffs in the cases below commenced their separate suits to foreclose mortgages. The State Tax Commission answered the complaints of the plaintiffs and asserted claims for delinquent withholding taxes against the Wagstaffs in the one case and against Toledo Metal Arts in the other. In the court below decrees of foreclosure were entered by the courts which decreed that the...

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