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RAILWAY EXP. AGENCY v. COM'R OF TAXATION

No. 45434.

239 N.W.2d 245 (1976)

RAILWAY EXPRESS AGENCY, INC., Respondent, v. COMMISSIONER OF TAXATION, Relator.

Supreme Court of Minnesota.

Rehearing Denied March 10, 1976.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., C. H. Luther, Deputy Atty. Gen., Dept. of Revenue, St. Paul, for relator.

Johnson & Eastlund, Geo. R. Johnson and Ralph W. Peterson, Minneapolis, for respondent.

Heard before ROGOSHESKE, YETKA and SCOTT, JJ., and considered and decided by the court en banc.

YETKA, Justice.

Certiorari to the Tax Court to review its order entered October 10, 1974, granting taxpayer's requested relief. Respondent-taxpayer, Railway Express Agency, Inc. (REA), an express company within the meaning of Minn.St. 295.01, subd. 4, petitioned the commissioner of taxation to review the assessment of 1970 real estate taxes against a tract of land in which it claimed a leasehold interest and to determine the tract was exempt from taxation. The requested...

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