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DAVEY OIL CO. v. STATE

No. 85-057.

508 A.2d 717 (1986)

DAVEY OIL CO. v. STATE of Vermont.

Supreme Court of Vermont.

March 14, 1986.

Attorney(s) appearing for the Case

Robert E. Woolmington, of Witten & Carter, P.C., Bennington, for plaintiff-appellant.

Jeffrey L. Amestoy, Atty. Gen., and Andrew M. Eschen and Thomas R. Viall, Asst. Attys. Gen., Montpelier, for defendant-appellee.

Before ALLEN, C.J., and HILL, PECK, GIBSON and HAYES, JJ.

HAYES, Justice.

This is an appeal by the taxpayer, Davey Oil Company (Company) from a superior court judgment affirming the Vermont Department of Motor Vehicles' authority to assess a diesel fuel tax on all pump sales by the Company, including both sales to diesel fuel users and home heating oil users. We affirm in part and reverse in part.

Davey Oil Company sold fuel to both home heating customers and motor vehicle operators. It maintained separate pumps...

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