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NUCOR STEEL, ETC. v. HERRINGTON

No. 44240.

322 N.W.2d 647 (1982)

212 Neb. 310

NUCOR STEEL, a Division of Nucor Corporation, a Delaware corporation, Appellee, v. Fred A. HERRINGTON, Tax Commissioner of the State of Nebraska, et al., Appellants.

Supreme Court of Nebraska.

July 30, 1982.

Attorney(s) appearing for the Case

Paul L. Douglas, Atty. Gen., and Ralph H. Gillan, Asst. Atty. Gen., Lincoln, for appellants.

Murray Ogborn, of Nelson & Harding, Lincoln, for appellee.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, WHITE, HASTINGS, and CAPORALE, JJ.

McCOWN, Justice.

The plaintiff, Nucor Steel, filed a claim with the Tax Commissioner of the State of Nebraska for refund of state and local use taxes paid on its purchase and use of graphite electrodes in connection with the manufacture of steel. The Tax Commissioner denied the claim and Nucor appealed to the District Court for Lancaster County. On appeal the District Court reversed the order of the Tax Commissioner and granted the claim for refund. The Tax Commissioner...

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