RUSAN'S INC. v. STATE

No. 40412.

78 Wn.2d 601 (1970)

478 P.2d 724

RUSAN'S, INC., Respondent, v. THE STATE OF WASHINGTON, Appellant.

The Supreme Court of Washington, En Banc.

December 24, 1970.


Attorney(s) appearing for the Case

The Attorney General, J. Richard Duggan and Timothy R. Malone, Assistants, for appellant.

Paine, Lowe, Coffin, Herman & O'Kelly, by Horton Herman and John R. Quinlan, for respondent.


FINLEY, J.

The previous majority opinion in this case (reported in 77 W.D.2d 355, 462 P.2d 218 (1969)), does not properly resolve several significant aspects of this appeal. The end result is an erroneous interpretation of the provisions of subsection (2) of RCW 82.04.270.

Although the facts of this appeal are fully stated in the original majority opinion, a brief recapping here is useful to clarify the grounds for the present opinion. Rusan's, Inc., is a...

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