Opinion

Northwestern Ohio Poultry Ass'n v. Schneider

  • 2 Ohio St. 2d 34
  • 31 Ohio Op. 2d 18
  • 205 N.E.2d 905
  • 1965 Ohio LEXIS 479
Court
Ohio Supreme Court
Filed
Mar 31, 1965
Status
Published
On the bench
Brown, Herbert, Matthias, Neill, Schneider, Six, Smith, Taut, Zimmerman
Cited by
6 cases
Authority
More cited than 93.5%

Overruled by Gressel Produce Co. v. Kosydar, 34 Ohio St. 2d 206 (1973)

Later courts went against this

  • Overruled by Gressel Produce Co. v. Kosydar, 34 Ohio St. 2d 206 (1973)

    From the above analysis, we conclude that this court’s decision in Northwestern Ohio Poultry Assn. v. Schneider, supra (2 Ohio St. 2d 34), must be overruled.
    Ohio Supreme CourtJun 6, 1973Read it

The opinion

Per Curiam.

The operation performed by the appellee for its poultry-farmer members is a processing and preparing to a suitable condition for market and sale, and the purchase and use of the items in question, used and consumed in such operation, which are the basis for the taxes levied by the Board of Tax Appeals, are excepted from taxation by Sections 5739.01 and 5741.01, Revised Code.

The judgment of the Court of Appeals is affirmed on authority of Kroger Grocery & Baking Co. v. Glander, Tax *36 Commr., 149 Ohio St. 120 , and France Co. v. Evatt, Tax Commr., 143 Ohio St. 455.

Judgment affirmed.

Taut, C. J., Smith, Matthias, 0 ’Neill, Herbert and BrowN, JJ., concur.

SchNeider, J., not participating.

Smith, J., of the Six Appellate District, sitting for Zimmerman, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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