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LACEY NURSING CENTER v. DEPT. OF REVENUE

No. 62079-2.

905 P.2d 338 (1995)

128 Wash.2d 40

LACEY NURSING CENTER, INC.; Valley Terrace, Inc.; Burien Terrace, Inc.; Skagit Valley Convalescent Center, Inc.; Regency Care Centers, Inc.; Laurel Hill Enterprises, Inc.; Good Samaritan Health Care Center; Regency Care Center of Arlington; Care Centers, Inc.; Brady R. Lane, d/b/a Ridgefield Care Center; Port Orchard Care Center, Inc.; Washington Health Care Association, Respondents, v. The DEPARTMENT OF REVENUE, Petitioners.

Supreme Court of Washington, En Banc.

November 2, 1995.

Attorney(s) appearing for the Case

Christine O. Gregoire, Attorney General, Cameron G. Comfort, Leland T. Johnson, Asst. Attorneys General, Olympia, for petitioners.

Kargianis, Austin & Osborn, George E. Kargianis, Susan Machler, Seattle, Workland, Witherspoon & Brajcich, Raymond G. Dodge, Jr., Spokane, for respondents.

SMITH, Justice.

Petitioner State of Washington, Department of Revenue, seeks direct discretionary review of a decision of the Thurston County Superior Court which ruled that a suit by nursing homes demanding refunds of state Business and Occupation taxes may be maintained as a class action. We reverse.

QUESTION PRESENTED

The question presented in this case is whether an action by nursing homes for...

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