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GOV. OF KNIGHTS OF AK-SAR-BEN v. DEPT. OF REV.

No. 83-535.

349 N.W.2d 385 (1984)

217 Neb. 518

The GOVERNORS OF the KNIGHTS OF AK-SAR-BEN, Appellant, v. DEPARTMENT OF REVENUE, State of Nebraska, et al., Appellees.

Supreme Court of Nebraska.

June 1, 1984.

Attorney(s) appearing for the Case

C.E. Heaney, Jr., and William R. Johnson of Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellant.

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

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

BOSLAUGH, Justice.

The Governors of the Knights of Ak-Sar-Ben (Ak-Sar-Ben) appeals from the order of the district court affirming the determination of the Tax Commissioner of the State of Nebraska that Ak-Sar-Ben was not entitled to a refund of sales tax paid on gate admissions in 1981.

Ak-Sar-Ben operates a horseracing track in Omaha, Nebraska, under a license from the State Racing Commission. During the 1981 racing season, Ak-Sar-Ben collected $1,195,043...

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