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NATIONAL DAIRY PRODUCTS CORPORATION v. CARPENTER

No. 47406.

326 S.W.2d 87 (1959)

NATIONAL DAIRY PRODUCTS CORPORATION, a Corporation, Plaintiff-Respondent, v. Milton D. CARPENTER, Director of Revenue, State of Missouri, Defendant-Appellant.

Supreme Court of Missouri, Division No. 1.

July 13, 1959.

Attorney(s) appearing for the Case

John M. Dalton, Atty. Gen., James E. Conway, Asst. Atty. Gen., for appellant.

Lashly, Lashly & Miller, John H. Lashly, Paul B. Rava, St. Louis, for respondent.

WESTHUES, Judge.

Plaintiff National Dairy Products Corporation, a Delaware corporation, filed a petition in the Cole County Circuit Court to determine whether it was liable to pay a sales or use tax under the provisions of Sec. 144.440, RSMo Cum.Supp.1957, V.A. M.S. The transaction which caused this controversy was the merger of three Delaware corporations into the parent company, the plaintiff in this case. After the merger, plaintiff applied for the issuance of...

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