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CHICAGO, DULUTH & GEORGIAN BAY TRANSIT CO. v. NIMS

Civ. A. No. 13202.

140 F.Supp. 920 (1956)

CHICAGO, DULUTH & GEORGIAN BAY TRANSIT COMPANY, an Indiana corporation, Plaintiff, v. Louis M. NIMS, State Commissioner of Revenue of the Michigan Department of Revenue, Defendant.

United States District Court E. D. Michigan S. D.

April 23, 1956.

Attorney(s) appearing for the Case

Lucking, Van Auken & Schumann, Howell Van Auken, Fred J. Schumann, Detroit, Mich., for plaintiff.

Thomas M. Kavanagh, Atty. Gen., T. Carl Holbrook, William D. Dexter, Donald K. Goulais, Asst. Attys. Gen., for defendant.

THORNTON, District Judge.

Chicago, Duluth & Georgian Bay Transit Company, an Indiana corporation, has brought this action against the State Commissioner of Revenue of the Michigan Department of Revenue to obtain relief against what it conceives to be threatened injury to it through the anticipated imposition of assessment of tax deficiencies.

The tax involved is the Michigan Sales Tax, which has been described by the Supreme Court of Michigan as

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