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BARNES v. STATE BD. OF EQUALIZATION

Docket No 19846.

118 Cal.App.3d 994 (1981)

173 Cal. Rptr. 742

E.C. BARNES, Plaintiff and Appellant, v. STATE BOARD OF EQUALIZATION, Defendant and Respondent.

Court of Appeals of California, Third District.

May 1, 1981.

Attorney(s) appearing for the Case

COUNSEL

Brian J. Cretney for Plaintiff and Appellant.

George Deukmejian, Attorney General, Edward P. Hollingshead and Charles C. Kobayashi, Deputy Attorneys General, for Defendant and Respondent.

OPINION

REGAN, Acting P.J.

Plaintiff filed a complaint for declaratory relief and refund of sales and use tax, alleging he had erroneously overpaid such taxes and had filed a claim for a refund from the defendant board, which had been denied.1 In addition to the allegation of erroneous overpayment, plaintiff alleged that certain statutes and regulations are unconstitutional in that they impose sales and...

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