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LEWISTON-AUBURN UNITED GROCERS, INC. v. JOHNSON

253 A.2d 338 (1969)

LEWISTON-AUBURN UNITED GROCERS, INC. v. Ernest H. JOHNSON, State Tax Assessor, State of Maine.

Supreme Judicial Court of Maine.

May 12, 1969.

Attorney(s) appearing for the Case

Brann & Isaacson, by Irving Isaacson, Lewistown, for plaintiff.

James M. Cohen, Asst. Atty. Gen., Augusta, for defendant.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, MARDEN, DUFRESNE and WEATHERBEE, JJ.

WEATHERBEE, Justice.

On report.

It is agreed that the plaintiff is a distributor of cigarettes and that it had in its premises on June 15, 1968, 119 cases of cigarettes, 102 of which had affixed to them the cigarette tax stamps provided for in 36 M.R.S.A. Chapter 703. No stamps had as yet been affixed to the other 17 cases. On that date unknown thieves stole the entire 119 cases, without the fault of the plaintiff, and they have never been recovered. The State...

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