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  5. 44 Cal.App.4th 823 (1996)
 

BROWN GROUP RETAIL, INC. v. FRANCHISE TAX BD.

Docket No. B081329.

44 Cal.App.4th 823 (1996)

52 Cal. Rptr.2d 202

BROWN GROUP RETAIL, INC., Plaintiff and Respondent, v. FRANCHISE TAX BOARD, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

April 22, 1996.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Edmond B. Mamer and Philip C. Griffin, Deputy Attorneys General, for Defendant and Appellant.

Bryan Cave, Juan D. Keller, Joseph R. Halprin and Norman H. Lane for Plaintiff and Respondent.

OPINION

HASTINGS, J.

The Franchise Tax Board of the State of California (FTB) appeals from a judgment entered against it and in favor of Brown Group Retail, Inc., successor by merger to Wetherby-Kayser Shoe Company, a Missouri corporation (Brown), awarding Brown a refund of franchise taxes paid for tax years ending in 1976 through 1981.

The FTB's appeal deals primarily with...

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