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MIDWEST PROCESSING v. McHENRY COUNTY

Civ. No. 900377.

467 N.W.2d 895 (1991)

MIDWEST PROCESSING COMPANY, A SUBSIDIARY OF ARCHER DANIELS MIDLAND COMPANY, Plaintiff and Appellant, v. McHENRY COUNTY, acting By and Through the McHENRY COUNTY BOARD OF COMMISSIONERS, Defendant and Appellee.

Supreme Court of North Dakota.

April 2, 1991.

Attorney(s) appearing for the Case

Pringle & Herigstad, P.C., Minot, for plaintiff and appellant, argued by David J. Hogue.

Lyle Gregory Witham (argued), State's Atty., Towner, for defendant and appellee.

Appearance by Robert W. Wirtz, Asst. Atty. Gen., State Tax Dept., Bismarck, amicus curiae on behalf of State Tax Dept.

ERICKSTAD, Chief Justice.

Midwest Processing Company, a subsidiary of Archer Daniels Midland Company (Midwest), appeals following a judgment of the District Court for the Northeast Judicial District, dated August 15, 1990, which affirmed the decision of the McHenry County Board of Commissioners (Board), dated June 5, 1990, which denied Midwest's request for an abatement of its taxes. We affirm.

On August 16, 1988, Midwest was purchased by Archer Daniels Midland...

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