COLEMAN, Justice.
The Commissioner of Revenue appeals from a judgment wherein the circuit court ordered that a peremptory writ of mandamus issue to the Commissioner ordering him to certify to the Comptroller that the sum of $1,932.73 is to be refunded to the taxpayer, Radio Corporation of America, herein sometimes referred to as RCA, as a refund of use tax erroneously paid to the state by RCA during the period from January 29, 1964, through July 23, 1965.
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