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GRAND TRUNK WESTERN RAILROAD CO. v. DEP'T OF TREAS

Docket Nos. 97847, 102239.

170 Mich. App. 384 (1988)

427 N.W.2d 580

GRAND TRUNK WESTERN RAILROAD COMPANY v. DEPARTMENT OF TREASURY CHESAPEAKE & OHIO RAILROAD COMPANY v. DEPARTMENT OF TREASURY

Michigan Court of Appeals.

Decided May 24, 1988.

Attorney(s) appearing for the Case

Dickinson, Wright, Moon, Van Dusen & Freeman (by Ernest Getz), for Grand Trunk Western Railroad Company.

Dykema, Gossett, Spencer, Goodnow & Trigg (by Kathleen McCree Lewis, Stewart L. Mandell and Kenneth W. Kingma), for Chesapeake & Ohio Railroad Company.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Richard R. Roesch and Russell E. Prins, Assistant Attorneys General, for the Department of Treasury.

Before: CYNAR, P.J., and GRIBBS and T. GILLESPIE, JJ.

PER CURIAM.

Defendant appeals as of right from a Court of Claims order granting plaintiff Grand Trunk Western Railroad (GTW) summary disposition and from a Tax Tribunal order granting summary disposition to plaintiff Chesapeake & Ohio Railroad (C&O). The cases have been consolidated on appeal. We affirm.

Both the C&O and the GTW were originally liable for certain public utility taxes pursuant to the public utility tax act (PUTA), MCL 207.1 et...

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