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MOULTON GAS SERV., INC. v. ZAINO

No. 2001-1546.

97 Ohio St.3d 48 (2002)

2002-Ohio-5309

MOULTON GAS SERVICE, INC., APPELLEE AND CROSS-APPELLANT, v. ZAINO, TAX COMMR., APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided October 16, 2002.

Attorney(s) appearing for the Case

Rob C. Wiesenmayer II, R.C. Wiesenmayer and Courtney W. Burton, for appellee and cross-appellant.

Betty D. Montgomery, Attorney General, and Richard C. Farrin, Assistant Attorney General, for appellant and cross-appellee.

Means, Bichimer, Burkholder & Baker Co., L.P.A., Craig D. Leister and Rachel A. Leier, for amicus curiae Ohio Propane Gas Association, in support of appellee and cross-appellant.

Per Curiam.

{¶ 1} Appellee and cross-appellant, Moulton Gas Service, Inc., is a retail distributor of liquid propane for residential and commercial use. Moulton buys propane on the wholesale market and has it delivered to its retail and satellite facilities by independent tanker truck. The retail and satellite facilities are equipped with one or more above-ground cylindrical bulk tanks mounted on concrete piers. The bulk tanks range in size from...

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