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WALTER TOEBE & CO. v. REVENUE DEPT.

Calendar No. 13, Docket Nos. 51,430, 51,431.

378 Mich. 617 (1967)

148 N.W.2d 775

WALTER TOEBE & COMPANY v. DEPARTMENT OF REVENUE.

Supreme Court of Michigan.

Rehearing denied April 10, 1967.

Attorney(s) appearing for the Case

George J. Fulkerson (Dennis E. Moffett, of counsel), for plaintiffs.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, T. Carl Holbrook, William D. Dexter and Maurice Barbour, Assistant Attorneys General, for defendant.

Amici Curae: Carl H. Reynolds and Beaumont, Smith & Harris (Laurence A. Masselink, of counsel).

KELLY, J.

These two cases, consolidated for appeal, are for declaratory judgments concerning the constitutionality of section 4, subdivision (m) of PA 1959, No 272,1 under which there were assessed use taxes against plaintiffs, Walter Toebe & Company and Toebe-Hull Company.

The stipulation of facts pertaining to Walter Toebe & Company states that:

"While engaged as a road contractor in fulfillment of contracts with...

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