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McCULLOUGH TRANSP. CO. v. DIV. OF MOTOR VEHICLES

113 N.J. Super. 353 (1971)

273 A.2d 786

WILLIAM McCULLOUGH TRANSPORTATION COMPANY, PETITIONER-APPELLANT, v. DIVISION OF MOTOR VEHICLES, BUREAU OF MOTOR CARRIERS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 17, 1971.

Attorney(s) appearing for the Case

Mr. Richard D. Catenacci argued the cause for appellant (Messrs. Hughes, McElroy, Connell, Foley & Geiser, attorneys).

Mr. Alfred L. Nardelli, Deputy Attorney General, argued the cause for respondent (Mr. George F. Kugler, Jr., Attorney General, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges CONFORD, KOLOVSKY and CARTON.

The opinion of the court was delivered by CONFORD, P.J.A.D.

Appellant, a motor carrier subject to the Motor Carriers Road Tax Act of 1963 (L. 1963, c. 44; N.J.S.A. 54:39A-1 et seq.), appeals from a denial by defendant, administrator of the tax, of its claim for refund of $37,491.63. This amount represented payment by it in 1967 to Connecticut, Maryland and Pennsylvania of road use taxes assessed by those states for various years from 1962...

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