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BLUE CROSS AND BLUE SHIELD v. STATE

No. 19676.

779 P.2d 634 (1989)

BLUE CROSS AND BLUE SHIELD OF UTAH, a nonprofit corporation, Plaintiff and Appellant, v. STATE of Utah, Utah State Tax Commission, and Utah State Insurance Department, Defendants and Appellees.

Supreme Court of Utah.

Rehearing Denied September 19, 1989.

Attorney(s) appearing for the Case

David R. Money, Salt Lake City, for plaintiff and appellant.

David L. Wilkinson, Stephen G. Schwendiman, Bruce H. Pettey, Mary Beth Walz, Salt Lake City, for defendants and appellees.

ZIMMERMAN, Justice:

Plaintiff Blue Cross and Blue Shield of Utah ("Blue Cross"), a nonprofit health service corporation, appeals from a summary judgment granted against it and in favor of defendants State of Utah, Utah State Tax Commission, and Utah State Insurance Department (collectively, "the State"). This judgment upheld against state and federal constitutional challenge a pair of Utah tax statutes. Taken together, these statutes levied a 2.25 percent tax on subscription...

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