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A & D TECH. SUPPLY v. NEB. DEPT. OF REV.

No. S-98-728.

607 N.W.2d 857 (2000)

259 Neb. 24

A & D TECHNICAL SUPPLY CO., INC., surviving corporation of a statutory merger of A & D Technical Supply Co., Inc., and A & D Duplicating Services Co., appellant and cross-appellee, v. NEBRASKA DEPARTMENT OF REVENUE and M. Berri Balka, State Tax Commissioner, appellees and cross-appellants.

Supreme Court of Nebraska.

March 24, 2000.

Attorney(s) appearing for the Case

Alan J. Mackiewicz, Omaha, for appellant.

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

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

McCORMACK, J.

I. FACTUAL AND PROCEDURAL BACKGROUND

A & D Technical Supply Co., Inc. (A & D), is the surviving corporation of a merger of A & D Technical Supply Co., Inc., and A & D Duplicating Services Co. After audits of A & D's books and records for the periods from September 1, 1991, through July 31, 1994, for sales tax and from August 1, 1989, through July 31, 1994, for consumer's use tax, the Nebraska Department of Revenue issued...

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