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STATE EX REL SZABO FOOD SERV., INC., OF N.C. v. DICKINSON

No. 43717.

286 So.2d 529 (1973)

STATE of Florida, On the Relation of SZABO FOOD SERVICES, INC. OF NORTH CAROLINA, a Foreign Corporation, Relator, v. Fred O. DICKINSON, Jr., As Comptroller of the State of Florida, and Department of Revenue, State of Florida, Respondents.

Supreme Court of Florida.

Rehearing Denied January 9, 1974.

Attorney(s) appearing for the Case

Wade L. Hopping, Tallahassee, for relator.

Larry Levy, Tallahassee, Robert L. Shevin, Atty. Gen., Winifred L. Wentworth and Stephen E. Mitchell, Asst. Attys. Gen., for respondents.

PER CURIAM.

This is an original proceeding in mandamus wherein petitioner seeks to compel respondents to refund $72,270.84, paid to the State in sales tax on the sale of food from vending machines prior to October 1, 1971. An alternative writ was issued, returns were filed, and petitioner has moved for the issuance of a peremptory writ notwithstanding the returns, thereby admitting the well pleaded allegations of the returns. Permenter v. Younan, 159 Fla. 226, 31...

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