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V. O. MOTORS v. CALIF. ST. BD. OF EQUALIZATION

No. 82-5149.

691 F.2d 871 (1982)

V. O. MOTORS, INC., a corporation, Plaintiff-Appellant, v. CALIFORNIA STATE BOARD OF EQUALIZATION, etc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 28, 1982.

Rehearing Denied December 1, 1982.

Attorney(s) appearing for the Case

William Scott, Palo Alto, Cal., for plaintiff-appellant.

Jeffrey M. Vesely, Deputy Atty. Gen., Los Angeles, Cal., for defendant-appellee.

Before ELY, SNEED, and ALARCON, Circuit Judges.

ELY, Circuit Judge:

V. O. Motors, Inc. ("VO") appeals from the dismissal of its suit for declaratory and injunctive relief against the California State Board of Equalization ("the Board"). VO contends that neither 28 U.S.C. § 1341 nor the Eleventh Amendment bars its suit and that it has exhausted its administrative remedies.

VO filed a complaint against the Board alleging that the assessment of use taxes on automobiles that it had leased to the federal...

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