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ROCKY MOUNTAIN PRESTRESS, INC. v. JOHNSON

No. 27238.

574 P.2d 88 (1978)

ROCKY MOUNTAIN PRESTRESS, INC., a corporation, Plaintiff-Appellant, v. Elmer A. JOHNSON, Manager of Revenue, and City and County of Denver, State of Colorado, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

February 6, 1978.

Attorney(s) appearing for the Case

Grant, McHendrie, Haines & Crouse, Charles H. Haines, Jr., James E. Brown, Gary L. Holdeman, Denver, for plaintiff-appellant.

Max P. Zall, City Atty., Donald E. Wilson, Asst. City Atty., Denver, for defendants-appellees.

ERICKSON, Justice.

Rocky Mountain Prestress, Inc. (Prestress) designs and fabricates pre-cast concrete structural forms for use in its own business of building construction. In 1966, while engaged in constructing a building in the City of Denver, Prestress was advised by the Denver Department of Revenue that it would impose a use tax upon the gross value (exclusive of profit) of all materials, labor, and engineering services used in the design and fabrication of the...

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