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AM. AMUSEMENT CO. v. DEP'T OF TREASURY

Docket Nos. 78-2535, 78-2536.

91 Mich. App. 573 (1979)

283 N.W.2d 803

AMERICAN AMUSEMENT COMPANY, INC. v. DEPARTMENT OF TREASURY MOHNEY v. DEPARTMENT OF TREASURY

Michigan Court of Appeals.

Decided August 6, 1979.

Attorney(s) appearing for the Case

Sanborn & O'Neill, P.C., for plaintiffs.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Richard R. Roesch and E. Raymond O'Malley, Assistants Attorney General, for defendant.

Before: MacKENZIE, P.J., and D.E. HOLBROOK, JR., and CYNAR, JJ.

CYNAR, J.

In 1973, plaintiff American Amusement Company, Inc., was assessed a use tax of $14,378.84 for the exhibition of noncopyrighted "adult films". In the same year, plaintiff Harry V. Mohney was assessed a tax of $2,414.65 as a result of his showing similar films. In each case, the plaintiff paid the tax under protest and instituted suit in the Court of Claims to recover the amount paid. They now appeal as of right...

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