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STATE DEPT. OF REV. v. AM. MOTORISTS' INS. CO.

No. 2-1278A432.

396 N.E.2d 907 (1979)

STATE of Indiana, Department of Revenue, Appellant-Defendant, v. AMERICAN MOTORISTS' INSURANCE COMPANY, Appellee-Plaintiff.

Court of Appeals of Indiana, Fourth District.

October 31, 1979.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Wally T. Gray, Deputy Atty. Gen., Indianapolis, for appellant-defendant.

Robert W. Mysliwiec and John R. Obenchain, South Bend, for appellee-plaintiff.

MILLER, Presiding Judge.

Defendant-Appellant State of Indiana, Department of Revenue (State) appeals from a summary judgment awarding American Motorists' Insurance Company (American Motorists') one thousand five hundred thirty-five dollars and eighty-nine cents ($1,535.89) and costs. This amount represented interest on a refund to American Motorists' of motor fuel use tax. We affirm the monetary award. However, we remand to allow American Motorists' to recover its...

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