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ELLWOOD ENGINEERED CASTINGS CO. v. ZAINO

No. 2002-0658.

98 Ohio St.3d 424 (2003)

2003-Ohio-1812

ELLWOOD ENGINEERED CASTINGS COMPANY, APPELLEE AND CROSS-APPELLANT, v. ZAINO, TAX COMMR., APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided April 23, 2003.

Attorney(s) appearing for the Case

Jim Petro, Attorney General, and Richard C. Farrin, Assistant Attorney General, for appellant and cross-appellee.

Buckingham, Doolittle & Burroughs, L.L.P., Steven A. Dimengo and Christopher C. Esker, for appellee and cross-appellant.

Per Curiam.

{¶ 1} Appellee and cross-appellant Ellwood Engineered Castings Company's ("EEC") primary business is manufacturing castings for the steel and automotive industries. The principal raw materials used by EEC are scrap ingot molds. When the scrap molds are received at EEC's property, they are unloaded and stacked by a crane owned and operated by International Mill Service, Inc. ("IMS"), with whom EEC has contracted. IMS is paid on a tonnage...

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