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ELIAS BROS. RESTAURANTS v. TREAS. DEPT.

Docket No. 101226, Calendar No. 17.

549 N.W.2d 837 (1996)

452 Mich. 144

ELIAS BROTHERS RESTAURANTS, INC., Plaintiff-Appellee, v. TREASURY DEPARTMENT, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 2, 1996.

Attorney(s) appearing for the Case

Richard L. Hamlyn, Warren, for appellee.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Michael R. Bell and Ross H. Bishop, Assistant Attorneys General, Lansing, for appellant.

OPINION

WEAVER, Justice.

Petitioner-Appellee, Elias Brothers Restaurants, Inc., owns the Big Boy restaurant chain. Twenty-five percent of the Big Boy restaurants are company owned and operated. The remaining seventy-five percent are franchised. Food for both company-owned and franchised restaurants is produced at a facility called the Commissary, which Elias Brothers owns and operates.

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