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LACKAWANNA LEATHER CO. v. NDR

No. S-98-1121.

608 N.W.2d 177 (2000)

259 Neb. 100

LACKAWANNA LEATHER COMPANY, appellee, v. NEBRASKA DEPARTMENT OF REVENUE, State of Nebraska, appellant.

Supreme Court of Nebraska.

March 31, 2000.

Attorney(s) appearing for the Case

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

Samuel E. Clark, of Erickson & Sederstrom, P.C., Omaha, for appellee.

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

GERRARD, J.

NATURE OF CASE

The Nebraska Department of Revenue (Department) appeals from an order of the Lancaster County District Court, which reversed the decision of the State Tax Commissioner and ordered that Lackawanna Leather Company (Lackawanna) was entitled to a refund of sales and use taxes paid on particular solvents used in dying leather. The district court concluded that the solvents were exempt from sales tax pursuant to Neb.Rev.Stat. §...

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