ITT CANTEEN CORPORATION v. SPRADLING

No. 58786.

526 S.W.2d 11 (1975)

ITT CANTEEN CORPORATION et al., Respondents, v. James SPRADLING et al., Appellants.

Supreme Court of Missouri, Division No. 2.

July 14, 1975.


Attorney(s) appearing for the Case

Armstrong, Teasdale, Kramer & Vaughan, Thomas E. Wack, St. Louis, for respondents.

John C. Danforth, Atty. Gen., Mark D. Mittleman, Asst. Atty. Gen., Jefferson City, for appellants.


HENRY I. EAGER, Special Commissioner.

This is a declaratory judgment action filed primarily for the purpose of declaring void Amended Rule No. 87 of the Department of Revenue (effective January 31, 1974) which requires the inclusion and payment of sales tax upon the amount received by a retail seller in payment of the Missouri Cigarette Tax (nine cents a package). The plaintiffs sell cigarettes only through vending machines. The petition also sought to extend the...

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