BARRE LODGE #1535 BEN. PRO. ORDER OF ELKS v. STATE

No. 182-71.

296 A.2d 225 (1972)

BARRE LODGE #1535 BENEVOLENT PROTECTIVE ORDER OF ELKS and Newport Lodge #2155 Benevolent Protective Order of Elks v. STATE of Vermont et al.

Supreme Court of Vermont, Washington.

October 3, 1972.


Attorney(s) appearing for the Case

McKee, Clewley & FitzPatrick, Montpelier, for plaintiffs.

James M. Jeffords, Atty. Gen., and George P. Stokes, Asst. Atty. Gen., Robert G. Lathrop, Commissioner of Taxes, on the brief, for defendants.

Before SHANGRAW, C. J., and BARNEY, SMITH, KEYSER and DALEY, JJ.


DALEY, Justice.

The plaintiffs brought a civil action in the Washington County Court seeking to recover monies from the defendants which they claimed were mistakenly paid to the defendants as a tax under 32 V.S.A. Chapter 233, entitled Sales and Use Tax. The trial court found in plaintiffs' favor and rendered judgment against the State of Vermont. From the judgment, this defendant appeals to this Court.

The plaintiffs, who had been conducting bingo games within...

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