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KALPAN TRUCKING CO. v. BOWERS

No. 35325.

168 Ohio St. 141 (1958)

KAPLAN TRUCKING CO., APPELLANT, v. BOWERS, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided July 2, 1958.

Attorney(s) appearing for the Case

Messrs. George, Greek, King & McMahon, Mr. Charles E. Shanklm and Mr. James M. Burtch, Jr., for appellant.

Mr. William Saxbe, attorney general, and Mr. John M. Tobin, for appellee.

Per Curiam.

The statutes relating to the highway use tax are Sections 5728.01 to 5728.14, inclusive, Revised Code.

The Board of Tax Appeals held that, as an administrative agency, it is without authority to determine the constitutionality of statutory enactments, and the Court of Appeals wrote no opinion. Hence, this court is without the benefit of their views on the question.

Although the constitutionality...

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