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BLACKMON v. PREMIUM OIL STATIONS, INC.

47932.

129 Ga. App. 169 (1973)

198 S.E.2d 900

BLACKMON v. PREMIUM OIL STATIONS, INC.

Court of Appeals of Georgia.

Decided April 25, 1973.

Rehearing Denied June 6, 1973.

Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Richard L. Chambers, Timothy J. Sweeney, Assistant Attorneys General, for appellant.

Willis & Murrah, W. Stanford Willis, for appellee.

BELL, Chief Judge.

Plaintiff sought a refund of sales tax paid on gasoline it sold between April, 1967 and September, 1970. The theory of recovery was based on the holding in State of Ga. v. Thoni Oil &c. Stations, 121 Ga.App. 454 (174 S.E.2d 224). The complaint alleged that the claim for refund for these taxes was timely filed. The State Revenue Commissioner, as a part of his answer...

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