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DAVE GUSTAFSON & CO. v. STATE

No. 10529.

169 N.W.2d 722 (1969)

DAVE GUSTAFSON & CO., Inc., Plaintiff and Appellant, v. The STATE of South Dakota, Defendant and Respondent.

Supreme Court of South Dakota.

Rehearing Denied September 10, 1969.

Attorney(s) appearing for the Case

May, Boe & Johnson and Gale E. Fisher Sioux Falls, for plaintiff and appellant.

Frank L. Farrar, Atty. Gen., John Dewell, Asst. Atty. Gen., Pierre, for defendant and respondent.

ROBERTS, Judge.

Plaintiff, a contractor engaged in constructing and repairing highways, seeks a refund in the sum of $31,845.24 paid by him under the Use Fuel Tax Act, enacted by Chapter 362, Laws 1941 (SDCL 1967, Chap. 10-48), for motor fuel used in the construction of interstate highways. The right-of-ways were acquired by the state prior to commencement of construction and not opened for public travel during construction.

The title of the Use Fuel Tax Act...

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