NEW CORNELIA COOP. M. CO. v. ARIZONA ST. TAX COM'N

No. 2 CA-CIV 1735.

23 Ariz. App. 324 (1975)

533 P.2d 84

NEW CORNELIA COOPERATIVE MERCANTILE COMPANY, an Arizona Corporation, Appellant, v. ARIZONA STATE TAX COMMISSION, a body and corporate politic, and Robert Kennedy, John M. Hazlett and L. Waldo DeWitt, as members and constituting said Arizona State Tax Commission, Appellees.

Court of Appeals of Arizona, Division 2.

March 24, 1975.


Attorney(s) appearing for the Case

Bilby, Thompson, Shoenhair & Warnock, P.C., by David W. Richter, Tucson, for appellant.

N. Warner Lee, Former Atty. Gen., Bruce E. Babbitt, Atty. Gen., by Ian A. Macpherson, Asst. Atty. Gen., Phoenix, for appellees.


OPINION

HATHAWAY, Judge.

Pursuant to A.R.S. § 42-1339 et seq., appellant brought suit to recover $30,273.12 paid in sales and education excise taxes to defendants. The matter was submitted to the court on stipulated facts and motions for summary judgment. Upon denial of appellant's motion for summary judgment and entry of summary judgment for appellees, this appeal was filed.

Appellant-taxpayer, operated a general merchandise store in Ajo, Arizona...

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