BUTLER TACONITE v. ROEMER

No. 48753.

282 N.W.2d 867 (1979)

BUTLER TACONITE et al., Appellants, v. Arthur C. ROEMER, Commissioner of the Department of Revenue, Respondent.

Supreme Court of Minnesota.

July 6, 1979.


Attorney(s) appearing for the Case

Hanft, Fride, O'Brien & Harries, Edward T. Fride, and Paul J. Lokken, Duluth, for appellants.

Warren Spannaus, Atty. Gen. and Paul R. Kempainen, Spec. Asst. Atty. Gen., Dept. of Revenue, St. Paul, for respondent.

Heard, considered, and decided by the court en banc.


KELLY, Justice.

Plaintiffs, who are engaged in the business of mining and producing iron ore in Minnesota, brought suit against the Commissioner of the Department of Revenue to prevent collection of the occupation tax on mining and production of iron ore and other ores prior to May 1 of the calendar year following the year of mining or production. Plaintiffs and defendant moved for summary judgment. The matter was decided for the defendant. Plaintiffs appeal. We reverse...

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