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HERCULES, INC. v. UTAH STATE TAX COM'N

No. 970435.

974 P.2d 286 (1999)

1999 UT 12

HERCULES, INC., Plaintiff and Appellant, v. UTAH STATE TAX COMMISSION, Defendant and Appellee.

Supreme Court of Utah.

February 5, 1999.

Attorney(s) appearing for the Case

Maxwell A. Miller, Kent B. Alderman, Salt Lake City, for plaintiff.

Jan Graham, Att'y Gen., Mark E. Wainwright, Asst. Att'y Gen., Salt Lake City, for defendant.

HOWE, Chief Justice:

¶ 1 Hercules Incorporated appeals from an order dismissing its declaratory judgment action against the Auditing Division of the Utah State Tax Commission. The trial court held that Hercules' action was procedurally improper because it attempted to invoke the court's jurisdiction to obtain judicial review of an interlocutory Tax Commission order issued in a pending adjudicative proceeding.

¶ 2 The facts are undisputed. Following...

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