172 N.E.2d 298
No. 36761Supreme Court of Ohio.
Decided January 18, 1961.
Supreme Court — Dismissal — No debatable constitutional question involved — Taxation — Highway use tax — Assessment and penalty — Conditional remission of penalty by Tax Commissioner — Section 5728.10, Revised Code, and Rule 126, Department of Taxation — Constitutionality.
APPEAL from the Court of Appeals for Franklin County.
Mr. Leon L. Wolf and Messrs. Bamberger Feibleman, for appellants.
Mr. Mark McElroy, attorney general, and Mr. Joseph D. Karam, for appellees.
The appeal as of right herein is dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL, HERBERT and O’NEILL, JJ., concur.
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