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WEED v. CITY OF PUEBLO

No. C-1321.

591 P.2d 80 (1979)

Hugh H. C. WEED, Executive Director of Revenue, State of Colorado, Petitioner, v. CITY OF PUEBLO, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 19, 1979.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Mary J. Mullarkey, First Asst. Atty. Gen., Sharon S. Metcalf, Asst. Atty. Gen., Denver, for petitioner.

Welborn, Dufford, Cook & Brown, Thomas G. Brown, Denver, for respondent.

HODGES, Chief Justice.

The City of Pueblo brought this action against the Director of Revenue to obtain a refund of $85,025 in state sales and use taxes. The taxes were paid by the contractor during construction of an air pollution control project at the Colorado Fuel and Iron Corporation (C.F. & I.) plant at Pueblo. The Executive Director of the Department of Revenue denied a refund of sales and use taxes to the City of Pueblo. The district court reversed after...

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