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OCCIDENTAL LIFE OF CALIFORNIA v. STATE

No. 12066.

589 P.2d 673 (1979)

92 N.M. 433

OCCIDENTAL LIFE OF CALIFORNIA, Plaintiff-Appellee, v. STATE of New Mexico, Defendant-Appellant.

Supreme Court of New Mexico.

January 23, 1979.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Andrea R. Buzzard, Asst. Atty. Gen., Santa Fe, for defendant-appellant.

Rodey, Dickason, Sloan, Akin & Robb, Rex D. Throckmorton, Jonathan W. Hewes, Albuquerque, for plaintiff-appellee.

OPINION

PAYNE, Justice.

Occidental Life of California brought suit against the State of New Mexico to recover an overpayment of premium taxes. The taxes were paid on premiums received on an insurance policy issued by Occidental to an Albuquerque-based retail clerk's union for the purpose of furnishing insurance benefits to members of the union in El Paso, Texas. The trial court held that Occidental was entitled to a full refund of the overpayment. The State...

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