PUD NO. 2 OF GRANT CY. v. STATE

Nos. 41996, 41997.

82 Wn.2d 232 (1973)

510 P.2d 206

PUBLIC UTILITY DISTRICT NO. 2 OF GRANT COUNTY et al., Respondents, v. THE STATE OF WASHINGTON, Appellant.

The Supreme Court of Washington, En Banc.

May 17, 1973.


Attorney(s) appearing for the Case

Slade Gorton, Attorney General, Timothy R. Malone, Senior Assistant, and William D. Dexter, Assistant, for appellant.

Milne & Peterson, by Robert A. Milne, for respondent Public Utility District No. 2 of Grant County.

Davis, Arneil, Dorsey & Kight (David J. Dorsey, of counsel), for respondent Public Utility District No. 1 of Chelan County.


UTTER, J.

Two public utility districts brought actions to recover state taxes paid, alleging such taxation discriminated against or burdened interstate commerce in violation of article 1, section 8, clause 3 of the United States Constitution. The utilities prevailed in superior court, and the State of Washington appeals.

The sole question under the facts in this appeal is whether the public utility tax imposed pursuant...

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