Order Michigan Supreme Court
Lansing, Michigan
May 30, 2008 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
135340 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
AMMEX, INC., Stephen J. Markman,
Justices
Plaintiff-Appellee,
v SC: 135340
COA: 269237
Court of Claims: 98-016996-MT
DEPARTMENT OF TREASURY,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the October 16, 2007
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court.
MARKMAN, J., dissents and states as follows:
I would grant leave to appeal to consider whether Michigan motor-fuel taxes
imposed on fuel sold by plaintiff at its duty-free facility are preempted by the federal
regulatory scheme that governs the operation of that facility.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
May 30, 2008 _________________________________________
d0527 Clerk