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NORTHERN X-RAY CO., INC. v. STATE BY AND THROUGH HANSON

Civil No. 950256.

542 N.W.2d 733 (1996)

NORTHERN X-RAY COMPANY, INC., Petitioner and Appellant, v. STATE of North Dakota by and through its Tax Commissioner, Bob HANSON, Respondent and Appellee.

Supreme Court of North Dakota.

January 30, 1996.

Attorney(s) appearing for the Case

William Pearce of Pearce & Durick, Bismarck, for petitioner and appellant. Appearance by Steve Miller, President of Northern X-Ray Company, Inc.

Christianne Yvette Runge, Assistant Attorney General, Tax Department, Bismarck, for respondent and appellee.

LEVINE, Justice.

Northern X-Ray Company, Inc. (Northern) appeals from a district court judgment affirming an order of the North Dakota Tax Commissioner (Commissioner) finding Northern liable for use taxes. We reverse and remand.

Northern is a Minnesota corporation that sells, installs, and services medical equipment. Northern sold medical equipment to North Dakota leasing companies, which leased the equipment to several North Dakota health care clinics. The...

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