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VIROEN v. SCHAFFNER

No. 56893.

496 S.W.2d 846 (1973)

William L. VIRDEN and Norma Virden d/b/a Chilled Fresh Fruit Company, Appellants, v. James E. SCHAFFNER, Director of Revenue, Respondent.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied July 16, 1973.

Attorney(s) appearing for the Case

Charles F. Crews, Crews & Milliard, Kansas City, for appellants.

John C. Danforth, Atty. Gen., Walter W. Nowotny, Jr., Asst. Atty. Gen., Jefferson City, for respondent.

Motion for Rehearing or to Transfer to Court En Banc Denied July 16, 1973.

FINCH, Chief Justice.

This appeal involves appellants' claim for refund of sales taxes paid under protest. We have jurisdiction because this case involves construction of the revenue laws of the state and for the additional reason that questions of constitutional construction are presented.

Appellants sell fresh fruit through vending machines which deliver one piece of fruit...

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