154 N.E.2d 144

SMACK SNACK, INC., APPELLEE v. CITY OF MAYFIELD HEIGHTS ET AL., APPELLANTS.

No. 35688Supreme Court of Ohio.
Decided October 29, 1958.

Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Taxation — Ordinance levying admissions tax — Nonapplicability to “golf driving range” — Claim charge made for rental of equipment not admission.

APPEAL from the Court of Appeals for Cuyahoga County.

Mr. William J. Kraus, for appellee.

Messrs. Squire, Sanders Dempsey and Mr. Thomas J. Quigley, for appellants.

Per Curiam.

The appeal as of right herein is dismissed, sua sponte, for the reason that no debatable constitutional question is involved.

Appeal dismissed.

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

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