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PERRY DRUG v. TREASURY DEPT.

Docket No. 197259.

582 N.W.2d 533 (1998)

229 Mich. App. 453

PERRY DRUG STORES, INC., Plaintiff-Appellee, v. DEPARTMENT OF TREASURY, Defendant-Appellant.

Court of Appeals of Michigan.

Decided May 5, 1998, at 9:00 a.m.

Released for Publication August 19, 1998.

Attorney(s) appearing for the Case

Butzel Long by William R. Ralls and Leland R. Rosier, Lansing, for Plaintiff-Appellee.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Kevin T. Smith, Assistant Attorney General, for Defendant-Appellant.

Before McDONALD, P.J., and SAWYER and HOEKSTRA, JJ.

SAWYER, Judge.

Defendant appeals from a judgment of the Court of Claims in favor of plaintiff on plaintiff's claim for a refund under the Michigan Single Business Tax Act (SBTA), M.C.L. § 208.1 et seq.; M.S.A. § 7.558(1) et seq. We reverse.

Plaintiff is a Michigan corporation engaged in the business of retail sales of prescription drugs and other merchandise. At issue is plaintiff's treatment of discounts it received during fiscal years...

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