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REX PIPE & SUPPLY CO. v. LIMBACH

No. 93-1043.

69 Ohio St.3d 478 (1994)

REX PIPE & SUPPLY CO., APPELLEE AND CROSS-APPELLANT, v. LIMBACH, TAX COMMR., APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided June 22, 1994.

Attorney(s) appearing for the Case

McDonald, Hopkins, Burke & Haber Co., L.P.A., Michael J. Jordan and Walter F. Ehrnfelt, for appellee and cross-appellant.

Lee Fisher, Attorney General, and Duane M. White, Assistant Attorney General, for appellant and cross-appellee.

Per Curiam.

The commissioner, in her appeal, argues that the BTA erred when it received testimony and evidence to amplify and supplement the information submitted to the commissioner during the sixty- and ninety-day grace periods of R.C. 5739.03. Rex maintains that, under Globe Paper Co. v. Lindley (1979), 63 Ohio App.2d 180, 17 O.O.3d 376, 410 N.E.2d 804, the BTA correctly received such evidence. We agree...

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