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MAY COMPANY v. LINDLEY

No. 81-1746.

1 Ohio St. 3d 6 (1982)

THE MAY COMPANY, APPELLANT, v. LINDLEY, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided July 7, 1982.

Attorney(s) appearing for the Case

Messrs. Barkan & Robon, Mr. William I. Barkan, Mr. Marvin A. Robon and Mr. George F. Koinis, for appellant.

Mr. William J. Brown, attorney general, and Mr. Mark A. Engel, for appellee.

Per Curiam.

The first issue presented for resolution herein is whether the transactions in question are "sales" within the meaning of R.C. 5739.01(B). In part, R.C. 5739.01(B) provides that:

"`Sale' and `selling' include all transactions by which title or possession, or both, of tangible personal property, is or is to be transferred, * * * for a consideration in any manner, whether absolutely or conditionally...

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