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IND. DEPT. OF ST. REV., ETC. v. CABLE BRAZIL, INC.

No. 2-1076A382.

380 N.E.2d 555 (1978)

INDIANA DEPARTMENT OF STATE REVENUE, Sales Tax Division, Appellant (Defendant below), v. CABLE BRAZIL, INC., Individually and On Behalf of All Others Similarly Situated, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Second District.

Rehearing Denied October 27, 1978.

Attorney(s) appearing for the Case

Theo. L. Sendak, Atty. Gen., Alembert W. Brayton, Deputy Atty. Gen., Indianapolis, for appellant.

Michael S. Maurer, Robert A. Garelick, of Maurer, Garelick, Cohen & Frank, Indianapolis, for appellees.

BUCHANAN, Chief Judge.

ON PETITION FOR REHEARING

In a memorandum opinion handed down March 6, 1978, this court determined sua sponte that Indiana Department of State Revenue, Sales Tax Division (Department) had failed to timely file its Motion to Correct Errors. The record showed the judgment was entered March 29, 1976, but the Motion to Correct Errors was not filed until June 1, 1976, sixty-four (64) days after judgment.

On remand, the trial court...

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