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SISSON v. TRIPLETT

No. C3-87-632.

428 N.W.2d 565 (1988)

William Charles SISSON, Appellant, v. Mr. Thomas TRIPLETT, Minnesota Commissioner of Revenue, et al., Respondents.

Supreme Court of Minnesota.

August 26, 1988.

Attorney(s) appearing for the Case

Barry V. Voss, Minneapolis, for appellant.

Thomas K. Overton, and Kenneth Kohnstamm, Sp. Assts., St. Paul, for Com'r of Revenue.

John R. Krouss, Lake of the Woods Co. Atty., Baudette, for respondents.

Heard, considered and decided by the court en banc.

WAHL, Justice.

This appeal arises from an action brought by William Charles Sisson, pursuant to 42 U.S.C. § 1983 (1982), challenging the constitutionality of the Minnesota Marijuana and Controlled Substance Taxation Act, Minn.Stat. ch. 297D (1986). The statute imposes a tax on marijuana and controlled substances, Minn.Stat. § 297D.08 (1986), and provides that assessment and collection of the tax be made pursuant to jeopardy procedures, Minn.Stat. §...

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