Legal Opinion · Dissent

Anheuser-Busch, Inc. v. Tracy

Ohio Supreme Court

Decided May 26, 1999No. 97-2443Published

1DissentLundberg Stratton, J.

I believe that the bottle drying system, Videojet coder, and the glue labelers are exempt under the packaging exception of former R.C. 5739.02(B)(15).

The majority holds that the bottle drying system, glue rollers, and the Videojet coding system are not subject to the packaging exemption because (1) these pieces of equipment are not packages or packing material and (2) none of this equipment places the beer into the bottles. I believe that this interpretation is not supported by the language of former R.C. 5739.02(B)(15). I also believe that the majority’s holding continues the artificial and…

2Cases cited2 opinions

  1. Custom Beverage Packers, Inc. v. KosydarOhio Supreme Court · 1973
  2. Loctite Corp. v. TracyOhio Supreme Court · 1994

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