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MONTGOMERY WARD & CO., INC. v. COUNTY OF ALAMEDA

No. C-74-1410 RHS.

390 F.Supp. 177 (1975)

MONTGOMERY WARD & CO., INC., an Illinois Corporation, Plaintiff, v. COUNTY OF ALAMEDA and City of Oakland, Defendants.

United States District Court, N. D. California.

February 26, 1975.

Attorney(s) appearing for the Case

V. Judson Klein, Richard G. Polse, Johnston, Klein, Horton, Solomon & Baker, Oakland, Cal., for plaintiff.

Richard J. Moore, County Counsel, James May, Deputy County Counsel, Alameda County Counsel, Oakland, Cal., for defendants.

MEMORANDUM DECISION

SCHNACKE, District Judge.

Before this Court are cross-motions for summary judgment.

Plaintiff seeks to recover taxes collected by defendants on its Oakland warehouse inventory, consisting entirely of goods manufactured outside the United States and imported by plaintiff as finished items for sale to the American consumer. The sales occurred only through plaintiff's retail stores, not through the warehouse.

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