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MILWAUKEE MOTOR TRANSP. CO. v. COMMISSIONER OF TAX.

No. 42462.

193 N.W.2d 605 (1971)

MILWAUKEE MOTOR TRANSPORTATION COMPANY, Respondent, v. COMMISSIONER OF TAXATION of State of Minnesota, Appellant.

Supreme Court of Minnesota.

December 23, 1971.

Attorney(s) appearing for the Case

Douglas M. Head, Atty. Gen., Don J. Bottorff, Spec. Asst. Atty. Gen., St. Paul, for appellant.

Rider, Bennett, Egan, Johnson & Arundel, Richard J. Nygaard and Dayton E. Soby, Minneapolis, for respondent.

Heard and considered en banc.

OPINION

MURPHY, Justice.

Appeal from summary judgment awarding plaintiff, The Milwaukee Motor Transportation Company, a refund of corporate income taxes paid pursuant to Minn.St. 290.02 for the years 1967, 1968, and 1969.1 Plaintiff, a trucking company, is a wholly-owned subsidiary of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company (called the railroad), which paid...

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