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WEED v. OCCHIATO

No. 24015.

488 P.2d 877 (1971)

Hugh H. C. WEED, Jr., as Director of Revenue of the State of Colorado, John Heckers, Substituted Defendant, Plaintiff in Error, v. Joe OCCHIATO et al., Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 26, 1971.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Harold L. Neufeld, Asst. Atty. Gen., Denver, for plaintiff in error.

Creamer & Creamer, George Louis Creamer, Denver, for defendants in error.

Fairfield & Woods, Charles J. Beise, Peter F. Breitenstein, Denver, for amicus curiae.

ERICKSON, Justice.

This action was initiated by the Pepsi-Cola Bottling Company of Pueblo, pursuant to C.R.C.P. 106. The validity of the tax imposed against the company under the provisions of the Colorado Sales and Use Tax Law for its purchases of glass bottles from bottle manufacturers is in issue. The district court held that the bottles were specifically exempt from taxation, and the Director of Revenue of the State of Colorado brought this appeal. We concur in...

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