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LUHR BROS., INC. v. DIRECTOR OF REVENUE

No. 71440.

780 S.W.2d 55 (1989)

LUHR BROS., INC., Appellant, v. DIRECTOR OF REVENUE, STATE of MISSOURI, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied December 12, 1989.

Attorney(s) appearing for the Case

Robert F. Dwornick, Michael G. Goldstein, Clayton, for appellant.

William L. Webster, Atty. Gen., Mark S. Siedlik, Asst. Atty. Gen., Randy Bakewell, Acting Gen. Counsel, Missouri Dept. of Revenue, Jefferson City, for respondent.

COVINGTON, Judge.

Luhr Bros., Inc., is an Illinois corporation engaged in the business of marine construction and heavy work, which includes excavation and earth moving in connection with highway construction and building of levees and dams. Luhr Bros, is qualified to do business in Missouri and twenty other states. At times relevant to this appeal, the taxpayer operated in Missouri doing marine construction and earth work.

In 1958 Luhr Bros. entered together...

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