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ERB INDUS. EQUIPMENT v. CAPE GIRARDEAU

No. 74535.

845 S.W.2d 551 (1993)

ERB INDUSTRIAL EQUIPMENT CO., INC., a Missouri Corporation, Respondent/Cross-Appellant, v. CITY OF CAPE GIRARDEAU, Missouri, a Municipal Corporation, Appellant/Cross Respondent.

Supreme Court of Missouri, En Banc.

January 26, 1993.

Attorney(s) appearing for the Case

Warren Wells, Cape Girardeau, for appellant/cross respondent.

Tom O'Loughlin, II, J. Patrick O'Loughlin, Cape Girardeau, for respondent/cross-appellant.

PAUL M. SPINDEN, Special Judge.

Erb Industrial Equipment Company, Inc., challenges Cape Girardeau's assessment of a gross sales merchants license tax against it for the tax year ending July 31, 1986.1 Erb paid the tax for 1986 under protest. It asserted that the city did not have authority under either the city's charter or state statutes to impose the tax on its sales and service of farm, construction and forestry equipment. The trial...

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