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BRANSON SCENIC RY. v. DIRECTOR OF REVENUE

No. WD 56277.

3 S.W.3d 788 (1999)

BRANSON SCENIC RAILWAY, Appellant, v. DIRECTOR OF REVENUE, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied October 5, 1999.

Application for Transfer Denied November 23, 1999.

Attorney(s) appearing for the Case

Thomas Bradshaw, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Evan J. Buchheim, Asst. Atty. Gen., Jefferson City, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 5, 1999.

SPINDEN, Judge.

Branson Scenic Railway appeals the Administrative Hearing Commission's determination that its excursion train rides into Arkansas were amusement rides which were not exempt from sales tax as interstate commerce. The commission concurred with the Department of Revenue director's rejection of the claim. We concur and affirm the commission's determination.

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