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HOENE v. JAMIESON

No. 41642.

182 N.W.2d 834 (1970)

John V. HOENE, and Duininck Bros. & Gilchrist, a partnership, Appellants, v. John R. JAMIESON, State Commissioner of Highways of the State of Minnesota, et al., Respondents.

Supreme Court of Minnesota.

Rehearing Denied January 21, 1971.

Attorney(s) appearing for the Case

Stearns, Torrison, Goetteman & Driscoll, St. Paul, Gordon Rosenmeier and John E. Simonett, Little Falls, for appellants.

Douglas M. Head, Atty. Gen., Norman R. Carpenter, Deputy Atty. Gen., Will H. Hartfeldt, Asst. Atty. Gen., St. Paul, C. Hamilton Luther, Deputy Atty. Gen., Dept. of Taxation, St. Paul, for respondents.

Cant, Haverstock, Gray, Plant & Mooty and Kenneth M. Anderson and John M. Broeker, Minneapolis, amicus curiae.

OPINION

OTIS, Justice.

This is an action for a declaratory judgment which seeks a determination that Minn.St. 297A.25, subd. 4, permitting a sales tax on road-building materials purchased by contractors, is unconstitutional. The trial court upheld the statute and plaintiffs appealed. In an opinion filed October 3, 1969, we reversed and held the statute unconstitutional. Defendants sought and obtained a rehearing. They were joined in their petition by Minnesota...

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