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W VAL NUCLEAR v. TAX TRIBUNAL

264 A.D.2d 101 (2000)

706 N.Y.S.2d 259

In the Matter of WEST VALLEY NUCLEAR SERVICES COMPANY, INC., Petitioner, v. TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 20, 2000.

Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber, L. L. P., Buffalo (James A. Locke of counsel), for petitioner.

Eliot Spitzer, Attorney General, Albany (Julie S. Mereson of counsel), for respondents.

CARDONA, P. J., SPAIN, CARPINELLO and GRAFFEO, JJ., concur.

OPINION OF THE COURT

PETERS, J.

Petitioner manages and operates a nuclear waste management facility for the United States Department of Energy (hereinafter DOE) pursuant to the terms of an operating contract. In accordance therewith, petitioner regularly purchased various materials and equipment from vendors in its own name and paid for said materials and equipment from funds drawn from a special letter of credit through a bank account owned by the Federal...

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