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  5. 691 N.E.2d 1371 (1998)
 

BULKMATIC TRANSPORT CO. v. DEPT. OF STATE REV.

No. 49T10-9508-TA-00085.

691 N.E.2d 1371 (1998)

BULKMATIC TRANSPORT CO., Petitioners, v. DEPARTMENT OF STATE REVENUE and Kenneth L. Miller in his capacity as Commissioner of the Indiana Department of State Revenue, Respondents.

Tax Court of Indiana.

February 13, 1998.

Attorney(s) appearing for the Case

Robert W. Loser II, Patrick M. O'Brien, Brett R. Fleitz, Steers Sullivan P.C., Indianapolis, for Petitioners.

Jeffrey A. Modisett, Attorney General, David A. Arthur, Deputy Attorney General, Indianapolis, for Respondents.

FISHER, Judge.

Bulkmatic Transport Co. (Bulkmatic) filed this original tax appeal on August 15, 1995 challenging the constitutionality of a 15% exemption from Indiana's motor carrier fuel tax. Bulkmatic seeks a refund of taxes it paid for the period of July 1, 1991 through June 30, 1994. Both the Department of State Revenue (Department) and Bulkmatic have moved for summary judgment, and on July 19, 1996, this Court heard oral argument on the cross motions.

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