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MARTIN MARIETTA v. REGIONAL TRANSP. D.

No. 87CA1320.

772 P.2d 668 (1989)

MARTIN MARIETTA CORPORATION, Plaintiff-Appellee, v. The REGIONAL TRANSPORTATION DISTRICT, A Special District; Alan N. Charnes, Director of the Colorado Department of Revenue; and the Colorado Department of Revenue, State of Colorado, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 9, 1989.

Attorney(s) appearing for the Case

Holme Roberts & Owen, David S. Steefel, Denver, for plaintiff-appellee.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Anthony S. Trumbly, Asst. Atty. Gen., Denver, for defendants-appellants.

PLANK, Judge.

The Regional Transportation District, Alan Charnes, and the Colorado Department of Revenue appeal the ruling of the district court which found Martin Marietta Corporation (MMC) exempt from the Colorado use tax (use tax) and Regional Transportation District tax (RTD tax), pursuant to § 39-26-203(1)(b), C.R.S. (1982 Repl.Vol. 16B). We affirm.

MMC is in the business of performing work for the federal government under detailed contracts. Part...

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