FIRST AM. TITLE INS. & TRUST v. FRANCHISE TAX BD.

Docket No. 36390.

15 Cal.App.3d 343 (1971)

93 Cal. Rptr. 177

FIRST AMERICAN TITLE INSURANCE AND TRUST COMPANY, Plaintiff and Respondent, v. FRANCHISE TAX BOARD, Defendant and Appellant.

Court of Appeals of California, Second District Division Four.

February 17, 1971.


Attorney(s) appearing for the Case

COUNSEL

Thomas C. Lynch and Evelle J. Younger, Attorneys General, Ernest P. Goodman, Assistant Attorney General, Philip C. Griffin and Neal J. Gobar, Deputy Attorneys General, for Defendant and Appellant.

Wenke, Kemble & Burge and Robert R. Burge for Plaintiff and Respondent.


OPINION

IRWIN, J.*

This is an action for refund of taxes paid under the Bank and Corporation Tax Law of the State of California. Upon agreed facts, judgment allowing recovery was entered in favor of First American Title Insurance and Trust Company ("First American"), and defendant Franchise Tax Board (the "Board") appeals.

The relevant facts for this appeal are: Respondent, First American, is an...

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