NEUWIRTH v. BOWERS

No. 7111.

117 Ohio App. 380 (1962)

NEUWIRTH, D. B. A. DAIRY ISLE IN LAKEWOOD, APPELLANT, v. BOWERS, TAX COMMR., APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided October 30, 1962.


Attorney(s) appearing for the Case

Messrs. Hartshorn, Thomas, Edelman & Fludine, for appellant.

Mr. Mark McElroy, attorney general, and Mr. John J. Lokos, for appellee.


BRYANT, J.

The sole question for determination at this time arises under a motion to dismiss the appeal filed on behalf of Stanley J. Bowers, appellee herein. Charles F. Neuwirth, d.b.a. Dairy Isle in Lakewood, the appellant herein, has filed a memorandum in opposition to the motion.

It appears that the Tax Commissioner made a sales tax assessment against Neuwirth based upon sales of soft ice cream from a store called Dairy Isle in Lakewood and that on appeal...

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