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MICHELIN TIRE CORP. v. COUNTY OF SAN MATEO

Docket No. 36210.

57 Cal.App.3d 332 (1976)

127 Cal. Rptr. 791

MICHELIN TIRE CORPORATION, Plaintiff and Appellant, v. COUNTY OF SAN MATEO, Defendant and Respondent.

Court of Appeals of California, First District, Division One.

April 19, 1976.

Attorney(s) appearing for the Case

COUNSEL

Galligan, Thrasher, Branson & Fitzgerald and Fred R. Brinkop for Plaintiff and Appellant.

Keith C. Sorenson, District Attorney, and Thomas F. Casey III, Deputy District Attorney, for Defendant and Respondent.

John H. Larson, County Counsel (Los Angeles), and James Dexter Clark, Deputy County Counsel, as Amici Curiae on behalf of Defendant and Respondent.

OPINION

SIMS, J.

Plaintiff, an importer of tires from Europe, has appealed from a judgment which denied it recovery of personal property taxes of $28,035.49 paid to defendant county under protest for the fiscal year 1972-1973. On appeal it contended that the goods assessed enjoyed an immunity from taxation under article I, section 10, clause 2 of the United States Constitution,1 as interpreted in Brown...

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