(DOWNLOAD) "Realtron Corp. v. Michigan Department of Treasury" by Michigan Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Realtron Corp. v. Michigan Department of Treasury
- Author : Michigan Supreme Court
- Release Date : January 16, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
12 Apr `98 SC: 107420 LC: MTT 173926 On order of Court, leave to appeal having been granted, and the cause having been briefed and orally argued by counsel, the order of December 3, 1997, which granted leave to appeal, is VACATED and leave to appeal is DENIED. Upon further review we are persuaded that the Court of Appeals did not err in ordering a remand for further hearings because we find the factual record is not sufficiently developed to resolve the issue a presented by the parties. Among our concerns, we note that the record indicates differences exist among the various types of contracts under which Realtron operated. For example, while some contracts provided for the installation of software on mainframe computers located at the customer's place of business, most provided access to software installed on mainframe computers located a Realtron's data processing centers. This distinction may prove significant, yet we find the record unclear regarding the exact role that the software covered by the ""access fee"" played in creating a database versus providing access to information within that database. Moreover, even with respect to the majority of Realtron's contracts, the extent and type of services provided by Realtron employees in regard to both creation/maintenance of a data base and providing access to that database needs clarification. Kelly, J., would decide by written opinion the issues raised in the briefs by the parties.