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ALLIED STORES v. BOWERS

No. 34926.

166 Ohio St. 116 (1957)

ALLIED STORES OF OHIO, INC., APPELLANT, v. BOWERS, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided January 30, 1957.

Attorney(s) appearing for the Case

Mr. Carlton S. Dargusch, Sr., and Mr. Jack H. Bertsch, for appellant.

Mr. C. William O'Neill, attorney general, Mr. Larry Snyder and Mr. Kiehner Johnson, for appellee.

TAFT, J.

Ordinarily, a constitutional question will not be considered unless it is necessary to consider such constitutional question in deciding the case before the court. In our opinion, it is not necessary to consider the constitutional question raised by the taxpayer in the instant case because, if its contention with regard to that question is sound, it necessarily leads to the conclusion that the entire proviso...

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