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C. & OH. RAILWAY CO. v. DEPT. OF TREAS.

Docket Nos. 77-3652 through 77-3657.

105 Mich. App. 467 (1981)

307 N.W.2d 354

THE CHESAPEAKE & OHIO RAILWAY COMPANY v. DEPARTMENT OF TREASURY.

Michigan Court of Appeals.

Decided April 21, 1981.

Attorney(s) appearing for the Case

Dykema, Gossett, Spencer, Goodnow & Trigg (by David M. Rosenberger), for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Richard R. Roesch and Charles E. Liken, Assistants Attorney General, for defendant.

Before: D.F. WALSH, P.J., and T.M. BURNS and D.E. HOLBROOK, JR., JJ.

AFTER REMAND

D.F. WALSH, P.J.

Plaintiff petitioned for a redetermination of franchise fees and a refund. Defendant appeals an order of the Corporation Tax Appeal Board granting plaintiff's petition. In our opinion issued on January 3, 1979, we remanded this matter on the following basis:

"Although we affirm the board's ruling that the `weighted average' formula does not comply with the plain language...

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