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FABICK AND COMPANY v. SCHAFFNER

No. 57795.

492 S.W.2d 737 (1973)

FABICK AND COMPANY, a corporation, Appellant, v. James E. SCHAFFNER, Director of Revenue, State of Missouri, et al., Respondents.

Supreme Court of Missouri, Division 1.

April 9, 1973.

Attorney(s) appearing for the Case

John H. Hendren, Kelly Pool, Hendren and Andrae, Jefferson City, for appellant.

John C. Danforth, Atty. Gen., Peter H. Ruger, Asst. Atty. Gen., Jefferson City, for respondents, James E. Schaffner, Director of Revenue, State of Mo., and John C. Danforth, Atty. Gen. of the State of Mo.

James P. Dalton, City Atty., Cullen Coil, Sp. Atty., Jefferson City, for respondents, the City of Jefferson, John G. Christy, Mayor of Jefferson City, and Ed Cole, City Collector of Jefferson City.

Robert C. Jones, Ziercher, Tzinberg, Human & Michenfelder, Clayton, for Missouri Municipal League, amicus curiae.

WELBORN, Commissioner.

Appeal from judgment in declaratory judgment action for determination of applicability of Jefferson City sales tax to transactions engaged in by Fabick and Company. The judgment of the trial court was adverse to Fabick and Company.

In 1969, the General Assembly enacted the "City Sales Tax Act." §§ 94.500-94.570, RSMo 1969, V.A.M.S. Pursuant to § 94.510, an election was held in Jefferson City at which the voters authorized...

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