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IND. DEPT. OF STATE REV. v. INDIANAPOLIS TR.

No. 2-675A137.

356 N.E.2d 1204 (1976)

INDIANA DEPARTMENT OF STATE REVENUE, Appellant (Defendant below), v. INDIANAPOLIS TRANSIT SYSTEM, Inc., Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

November 18, 1976.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Joseph J. Reiswerg, Deputy Atty. Gen., Indianapolis, for appellant.

Lawrence McTurnan, Indianapolis (Bredell, Martin & McTurnan, Indianapolis, of counsel), for appellee.

LYBROOK, Judge.

Defendant-appellant, Indiana Department of State Revenue (State) appeals from judgment in favor of plaintiff-appellee, Indianapolis Transit System, Inc. (ITS). State presents the following issues for our review:

(1) Whether the Court's Finding of Fact (4), which reads: "4. Shortly after the passage of the sales and use tax by the Indiana Legislature, Mr. James H. Armington, Treasurer...

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