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HORNER'S MARKET v. TRI-COUNTY MET. TRANSP. DIST.

471 P.2d 798 (1970)

HORNER's MARKET, Inc., an Oregon Corporation, William S. Burghardt and Ellen Burghardt, Husband and Wife, and All Persons, Firms and Corporations Similarly Situated, Petitioners, v. TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, an Oregon Municipal Corporation, and Keith Hansen, Its General Manager, Department of Revenue, State of Oregon, and Charles H. Mack, Its Director, Defendants.

Supreme Court of Oregon.

July 2, 1970.

Attorney(s) appearing for the Case

Robert Y. Thornton, Salem, submitted a brief for petitioners.

John D. Mosser, Donald J. Morgan, Wood, Wood, Tatum, Mosser & Brooks, John R. Hay, Davies, Biggs, Strayer, Stoel & Boley, Verne L. Newcomb, Jack B. Schwartz, and Sabin, Newcomb, Sabin & Meyer, Portland, submitted a brief amici curiae in support of petitioners' petition for review.

Before O'CONNELL, C.J., and McALLISTER, SLOAN, DENECKE, HOLMAN, TONGUE and HOWELL, JJ.

PER CURIAM.

Plaintiffs seek to enjoin defendants from collecting an employer payroll tax levied against plaintiffs. Plaintiffs appealed to the Court of Appeals from a decree of the trial court dismissing the suit. The Court of Appeals affirmed the trial court decree,1 whereupon plaintiffs filed this petition for review. We affirm.

Ordinarily we do not set forth in a written opinion the...

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