
    The State, ex rel. Foster, v. Miller et al., Tax Commission, et al.
    (No. 27500
    Decided December 31, 1940.)
    
      Mr. Matthew L. Bigger and Mr. Francis W. Durbin, for relator.
    
      Mr. Thomas J. Herbert, attorney general, Mr. E. G. Schuessler and Mr. Perry L. Graham, for the Tax Commission of Ohio.
    
      Mr. Paul B. Gingher and Mr. James N. Linton, for respondent, The Great Atlantic & Pacific Tea Company.
    
      Messrs. Frost & Jacobs and Mr. H. J. Siebenthaler, for respondent, The Kroger Grocery •& Baking Company.
   By the Court.

This cause was before this court on the first amended petition to which demurrers were sustained on February 21, 1940 (136 Ohio St., 295, 25 N. E. [2d], 686). Leave was given relator to plead.

A second amended petition was filed and a motion to strike from the files was sustained on November 20, 1940.

A third amended petition has been submitted to the court for leave to file the same, and on consideration thereof leave to file a third amended petition is not granted.

It is therefore ordered and adjudged, sua sponte, that this proceeding be, and the same hereby is, dismissed at the cost of relator. (31 Ohio Jurisprudence, pages 930 and 953, Sections 331 and 345.)

Cause dismissed.

Weygandt, C. J., Day, Zimmerman, Turner, Williams, Matthias and Hart, JJ., concur.  