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SCARSELLA BROS. v. DEPT. OF LICENSING

No. 20391-6-I.

53 Wn. App. 882 (1989)

771 P.2d 760

SCARSELLA BROS., INC., Appellant, v. THE DEPARTMENT OF LICENSING, Respondent.

The Court of Appeals of Washington, Division One.

April 24, 1989.

Attorney(s) appearing for the Case

Jerry W. Spoonemore, James H. Wishaar, and Montgomery, Purdue & Blankinship, for appellant.

Kenneth O. Eikenberry, Attorney General, and Margaret A. Gaffney, Assistant, for respondent.

GROSSE, J.

Scarsella Brothers, Inc. (Scarsella) is a licensed general contractor engaged in heavy construction work in the state of Washington. It operates vehicles licensed for highway use as well as off-road vehicles such as bulldozers, graders, and loaders. The State of Washington imposes a special fuel tax on all diesel fuel consumed on public highways, while all diesel fuel consumed off the public roads is exempt...

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