RENT-A-CAR CO., INC. v. LYNCH

No. 55.

259 S.E.2d 564 (1979)

298 N.C. 559

RENT-A-CAR COMPANY, INC. v. Mark G. LYNCH, Secretary of Revenue of the State of North Carolina.

Supreme Court of North Carolina.

November 6, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. George W. Boylan, Raleigh, for the Secretary of Revenue for the defendant appellant.

Brooks, Pierce, McLendon, Humphrey & Leonard by Howard L. Williams, Greensboro, for plaintiff appellee.


BROCK, Justice.

We disagree with the opinion of the Court of Appeals and therefore reverse its judgment, and remand this cause to the Court of Appeals for further remand to the Superior Court, Wake County, with directions that the judgment for plaintiff be vacated, and for entry of judgment for defendant and dismissal of this action with costs to plaintiff.

In its argument to this Court plaintiff appellee contends it is entitled to a full refund of sales tax...

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