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NORANDEX, INC. v. LIMBACH

No. 92-2456.

69 Ohio St.3d 26 (1994)

NORANDEX, INC., APPELLEE AND CROSS-APPELLANT, v. LIMBACH, TAX COMMR., APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided April 20, 1994.

Attorney(s) appearing for the Case

Thompson, Hine & Flory, William R. Stewart and Mark A. Gamin, for appellee and cross-appellant.

Lee Fisher, Attorney General, and Lawrence D. Pratt, Assistant Attorney General, for appellant and cross-appellee.

Per Curiam.

Since the court decides constitutional questions only when absolutely necessary, State ex rel. Hofstetter v. Kronk (1969), 20 Ohio St.2d 117, 119, 49 O.O.2d 440, 441, 254 N.E.2d 15, 17, we will first decide whether these purchases qualify for the retail-sales exception. We will address the interstate commerce clause question for any purchases not qualifying for the retail-sales exception.

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