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VULCRAFT v. BALKA

No. A-95-686.

555 N.W.2d 344 (1996)

5 Neb. App. 85

VULCRAFT and Nucor Cold Finish, divisions of Nucor Corporation, a Delaware corporation, Appellees, v. M. Berri BALKA, Tax Commissioner of the Nebraska Department of Revenue, and State of Nebraska, Appellants.

Court of Appeals of Nebraska.

November 5, 1996.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and L. Jay Bartel, Lincoln, for appellants.

Tim O'Neill, of Harding & Ogborn, Lincoln, for appellees.

IRWIN, SIEVERS, and INBODY, JJ.

SIEVERS, Judge.

Vulcraft and Nucor Cold Finish (Vulcraft), divisions of Nucor Corporation, filed a petition for redetermination with M. Berri Balka, the Tax Commissioner of the State of Nebraska, concerning certain use taxes paid under protest on its processing oils. The Tax Commissioner dismissed the petition, and Vulcraft appealed to the Lancaster County District Court. On appeal, the district court reversed the judgment of the Tax Com-missioner. The Tax Commissioner...

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