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SZABO FOOD SERVICE v. STATE BD. OF EQUALIZATION

Docket No. 43995.

46 Cal.App.3d 268 (1975)

119 Cal. Rptr. 911

SZABO FOOD SERVICE, INC., OF CALIFORNIA, Plaintiff and Respondent, v. STATE BOARD OF EQUALIZATION, Defendant and Appellant.

Court of Appeals of California, Second District, Division Two.

March 20, 1975.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Ernest P. Goodman, Mark W. Jordan and Philip C. Griffin, Deputy Attorneys General, for Defendant and Appellant.

Gibson, Dunn & Crutcher, James M. Murphy, Robert A. Miller and Marc R. Isaacson for Plaintiff and Respondent.

OPINION

FLEMING, J.

The State Board of Equalization appeals a judgment which sustained the claim of Szabo Food Service, Inc. of California for a refund of $32,582.08 plus interest for sales taxes paid under protest. (Rev. & Tax. Code, § 6001 et seq.)1

The stipulated facts in summary: Szabo operated cafeterias on the premises of public and private employers. The employers provided the cafeterias...

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