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COMPTROLLER v. AERIAL PRODUCTS

[No. 217, October Term, 1955.]

210 Md. 627 (1956)

124 A.2d 805

COMPTROLLER OF TREASURY v. AERIAL PRODUCTS, INC.

Court of Appeals of Maryland.

Motion for rehearing filed August 27, 1956.

Denied October 3, 1956.

Attorney(s) appearing for the Case

Norman P. Ramsey, Deputy Attorney General, and Edward F. Engelbert, Counsel, Retail Sales Tax Division, with whom were C. Ferdinand Sybert, Attorney General, on the brief, for the appellant.

William L. Marbury, with whom were Frederic S. Cross and Piper & Marbury on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.

Denied October 3, 1956., but opinion and mandate modified.

COLLINS, J., delivered the opinion of the Court.

This is an appeal by the Comptroller of Maryland, (the Comptroller), appellant, from an order of the Circuit Court for Cecil County, allowing a refund of $8,811.12, being part of a payment of $27,852.51, paid under protest on February 5, 1954, to the Comptroller by Aerial Products, Inc., (Aerial), appellee.

The appellee was a corporation owning...

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