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FREIGHT LINES v. BOWERS

Nos. 36078, 36079 and 36080.

170 Ohio St. 367 (1960)

HENNIS FREIGHT LINES, INC., APPELLEE, v. BOWERS, TAX COMMR., APPELLANT. CRAWFORD TRANSPORT CO., INC., APPELLEE, v. BOWERS, TAX COMMR., APPELLANT. WEST PENN FORWARDING CO., APPELLEE, v. BOWERS, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided March 9, 1960.

Attorney(s) appearing for the Case

Mr. Edmund M. Brady, Mr. John M. Veale and Mr. Taylor C. Burneson, for appellees.

Mr. Mark McElroy, attorney general, Mr. Alvin C. Vinopal and Mr. William P. Meehan, for appellant.

Per Curiam.

Appellant contends that the mandate of the Supreme Court, above quoted, does not bar him from confirming his original assessment orders against the appellees "where the opinion of the court does not discuss or decide"the applicability of the reciprocity agreements to the Highway Use Tax Act; that the doctrine of res judicata is not applicable; and that the decisions of the Board of Tax Appeals should be reversed and remanded with instructions...

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