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BEATRICE FOODS CO., INC. v. LINDLEY

No. 81-1143.

70 Ohio St. 2d 29 (1982)

BEATRICE FOODS CO., INC., APPELLANT, v. LINDLEY, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided April 28, 1982.

Attorney(s) appearing for the Case

Messrs. Glander, Brant, Ledman & Newman and Mr. James H. Ledman, for appellant.

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

Per Curiam.

Appellant argues that the equipment it leases from Rental is used in an integrated system of interstate commerce and is not subject to Ohio use tax pursuant to R. C. 5741.02(C)(3) and Section 8, Article I of the United States Constitution.

R. C. 5741.02(C) provides, in part:

"The tax does not apply to the storage, use, or consumption in this state of the following described tangible personal property, nor to the storage, use, or...

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