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VAL-PAK OF OMAHA v. DEPT. OF REVENUE OF STATE

No. S-94-428.

545 N.W.2d 447 (1996)

249 Neb. 776

VAL-PAK OF OMAHA, INC., Appellant, v. DEPARTMENT OF REVENUE OF the STATE OF NEBRASKA and Mucho Berri Balka, Tax Commissioner for the State of Nebraska, Appellees.

Supreme Court of Nebraska.

April 5, 1996.

Attorney(s) appearing for the Case

David A. Ludtke and Stanley J. Andersen, of Rembolt Ludtke Parker & Berger, Lincoln, for appellant.

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

WHITE, C.J., CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.

WRIGHT, Justice.

Val-Pak of Omaha, Inc. (Val-Pak), appeals the order of the Lancaster County District Court which affirmed the state Tax Commissioner's denial of Val-Pak's claim for a refund of Nebraska use tax.

SCOPE OF REVIEW

A final order rendered by a district court in a judicial review pursuant to the Administrative Procedure Act may be reversed, vacated, or modified by an appellate court for errors appearing on the record. See, Neb.Rev.Stat...

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