140 N.E.2d 415

THE KROGER CO., APPELLANT v. BOWERS, TAX COMMR., APPELLEE.

No. 34846Supreme Court of Ohio.
Decided January 30, 1957.

Statutory construction — Limiting language repugnant to Constitution — Court cannot cure invalidity by striking such language, when — Taxation — Discrimination.

APPEAL from the Court of Appeals for Hamilton County.

Messrs. Jenkins, Williams, Wendt, Murray Deeg, for appellant.

Mr. C. William O’Neill, attorney general, Mr. Larry H. Snyder
and Mr. Kiehner Johnson, for appellee.

Per Curiam.

Since the only questions of law involved on this appeal are the same and the pertinent facts are substantially the same as i Allied Stores of Ohio, Inc., v. Bowers, Tax Commr., ante, 116, the judgment of the Court of Appeals is affirmed on authority of that case.

Judgment affirmed.

WEYGANDT, C.J., ZIMMERMAN, STEWART, BELL, TAFT, MATTHIAS and HERBERT, JJ., concur.

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