COMBUSTION ENG., INC. v. TREASURY DEP'T

Docket No. 174196.

216 Mich. App. 465 (1996)

COMBUSTION ENGINEERING, INC v. DEPARTMENT OF TREASURY

Michigan Court of Appeals.

Decided May 3, 1996, at 9:05 A.M.


Attorney(s) appearing for the Case

Kasiborski, Ronayne & Flaska (by Chester E. Kasiborski, Jr., and Diane Hubel Delekta), for the plaintiff.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Ross H. Bishop, Assistant Attorney General, for the defendant.

Before: O'CONNELL, P.J., and HOOD and C.L. HORN, JJ


PER CURIAM.

Plaintiff appeals as of right the judgment for defendant entered by the Court of Claims. We reverse.

The facts are undisputed. Plaintiff was the general contractor for the construction of a waste incinerator for the City of Detroit. To vendors or to defendant State of Michigan plaintiff paid sales and use taxes in excess of the total amount of sales or use tax due on the project. This excess amounted to $34,790 and represented sales tax paid by...

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