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CLUB v. PORTERFIELD

No. 70-469.

25 Ohio St. 2d 277 (1971)

BOOK-OF-THE-MONTH CLUB, INC., APPELLEE, v. PORTERFIELD, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided March 24, 1971.

Attorney(s) appearing for the Case

Messrs. Porter, Stanley, Treffinger & Platt, Mr. Edmund D. Doyle, Mr. J. Stephen Van Heyde, Messrs. Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison and Mr. James B. Lewis, for appellee.

Mr. Paul W. Brown, attorney general, and Mr. C. Luther Heckman, for appellant.

SCHNEIDER, J.

The facts of this case were stipulated by counsel and are briefly as follows:

Appellee, Book-Of-The-Month Club, Inc., is a New York corporation with principal offices in New York City. It is not qualified to do business in Ohio. Its nationwide retail sale of books is promoted entirely through newspaper and periodical advertising, and by direct mail circulars. Books are sent to customers by mail, with an invoice for the purchase price. Remittances...

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