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ENGRAVERS v. BOWERS

Nos. 35304 and 35326.

168 Ohio St. 43 (1958)

ZINC ENGRAVERS, APPELLEE, v. BOWERS, TAX COMMR., APPELLANT. ZINC ENGRAVERS, APPELLANT, v. BOWERS, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided May 28, 1958.

Attorney(s) appearing for the Case

Mr. Carlton S. Dargusch, Mr. Carlton S. Dargusch, Jr., and Mr. Jack H. Bertsch, for appellee in case No. 35304 and appellant in case No. 35326.

Mr. William Saxbe, attorney general, and Mr. S. Noel Melvin, for appellant in case No. 35304 and appellee in case No. 35326.

HERBERT, J.

In case No. 35304, the Board of Tax Appeals held that under the authority of the case of Columbus Southern Lumber Co. v. Peck, Tax Commr., 159 Ohio St. 564, 113 N.E.2d 1, Zinc Engravers may secure the refund even though it has been reimbursed by Polsky as it has promised that any refund obtained will be considered the property of Polsky. This holding is not challenged here and is not unreasonable in...

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