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COM'R OF REVENUE v. G.T.W.R. CO.

Docket No. 48, Calendar No. 44,554.

326 Mich. 371 (1949)

40 N.W.2d 188

COMMISSIONER OF REVENUE v. GRAND TRUNK WESTERN RAILROAD COMPANY.

Supreme Court of Michigan.

Decided December 7, 1949.

Attorney(s) appearing for the Case

Stephen J. Roth, Attorney General, Edmund E. Shepherd, Solicitor General, Elbern Parsons, Chief Assistant Attorney General, and T. Carl Holbrook, Assistant Attorney General, for plaintiff.

H. Victor Spike, Frederick V. Slocum and Ballard, Jennings, Bishop & Ellsworth, for defendant.

BUSHNELL, J.

The State commissioner of revenue has appealed from an order of the Ingham county circuit court dismissing his petition for a declaratory judgment.

In 1941, the Grand Trunk Western Railroad Company, a Michigan corporation, obtained a decree in the district court of the United States for the eastern district of Michigan, southern division, permanently enjoining the auditor general of the State of Michigan — "from taking any steps or proceedings...

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