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UNITED TEL. CO. OF OHIO v. TRACY

No. 97-2462.

84 Ohio St.3d 506 (1999)

UNITED TELEPHONE COMPANY OF OHIO, APPELLEE, v. TRACY, TAX COMMISSIONER, APPELLANT.

Supreme Court of Ohio.

Decided February 24, 1999.

Attorney(s) appearing for the Case

Jones, Day, Reavis, & Pogue, Maryann B. Gall, Todd S. Swatsler and Melanie S. Fahey, for appellee.

Betty D. Montgomery, Attorney General, and James C. Sauer, Assistant Attorney General, for appellant.

Per Curiam.

In our prior decision, we remanded this cause to the BTA for further proceedings to determine whether the dead and bad wire and fiber pairs at issue were used in business. We instructed the BTA to apply R.C. 5701.08 in accordance with the principles set forth in Hatchadorian v. Lindley (1986), 21 Ohio St.3d 66, 21 OBR 365, 488 N.E.2d 145...

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