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DEP'T OF REVENUE v. J.C. PENNEY CO.

Nos. 46930-3, 47305-6.

96 Wn.2d 38 (1981)

633 P.2d 870

THE DEPARTMENT OF REVENUE, Appellant, v. J.C. PENNEY COMPANY, INC., Respondent. J.C. PENNEY COMPANY, INC., Respondent, v. THE CITY OF TACOMA, Appellant.

The Supreme Court of Washington, En Banc.

September 17, 1981.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and William B. Collins, Assistant, for appellant State.

Robert R. Hamilton, F.H. Chapin, Jr., and Thomas L. Dempsey, for appellant City of Tacoma.

Davis, Wright, Todd, Riese & Jones, by C. James Judson and Neil H. Schickner, for respondent.

John T. Piper and James H. Lowe, amici curiae for respondents.

DORE, J.

The critical facts are not in dispute in these consolidated cases. J.C. Penney Company, Inc. (Penney) operates over 50 retail stores in Washington, including one in Tacoma. A Penney customer who wishes to obtain a charge card may fill out a "Credit Agreement" application, obtained at a local store or in a Penney catalog. The completed application may be mailed directly to Penney's regional credit office in Portland...

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