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BIG JOHN'S BILLIARDS, INC. v. BALKA

No. S-99-1291.

619 N.W.2d 444 (2000)

260 Neb. 702

BIG JOHN'S BILLIARDS, INC., a Nebraska corporation, Appellee, v. M. Berri BALKA, in his official capacity as State Tax Commissioner for the State of Nebraska, et al., appellants.

Supreme Court of Nebraska.

November 17, 2000.

Attorney(s) appearing for the Case

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

Sheldon J. Harris and Brent M. Kuhn, of Harris, Feldman Law Offices, Omaha, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

MILLER-LERMAN, J.

NATURE OF CASE

The State of Nebraska, Department of Revenue; M. Berri Balka, the former State Tax Commissioner; and his successor, Mary Jane Egr (collectively the Department), appeal the order of the district court for Lancaster County reversing the commissioner's order which had sustained a deficiency assessment for sales tax on the receipts from hourly fee pool tables owned and operated by...

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