HUNTER, J.
This is an action by the plaintiff (appellant), F.D. Rich Co., Incorporated, a construction company, to recover a retail sales tax paid under protest which was levied against the plaintiff by the defendant (respondent), the Washington State Tax Commission (now the Department of Revenue), for construction of military housing at the Fort Lewis Military Reservation.
The facts upon which this appeal is predicated are not in dispute.
In 1961...
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