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  5. 744 N.E.2d 1071 (2001)
 

JACK GRAY TRANSPORT, INC. v. DEPT. OF STATE REVENUE

No. 49T10-0002-TA-14.

744 N.E.2d 1071 (2001)

JACK GRAY TRANSPORT, INC. et al., Petitioner, v. DEPARTMENT OF STATE REVENUE, Respondent.

Tax Court of Indiana.

February 20, 2001.

Attorney(s) appearing for the Case

Robert W. Loser, II, Patrick M. O'Brien, Michael R. Franceschini, William S. Ayers, Ruth E. Myer, Ayres Carr & Sullivan, P.C., Indianapolis, IN, Attorneys for Petitioner.

Steve Carter, Attorney General of Indiana, David A. Arthur, Deputy Attorney General, Indianapolis, IN, Attorneys for Respondent.

FISHER, J.

The petitioners, Jack Gray Transport, Inc., as well as thirty-eight other similarly situated parties1 (collectively Jack Gray) appeal the final determination of the Department of State Revenue (Department), whereby the Department declined to apply Indiana's proportional use exemption (Exemption) to the motor fuel and surcharge taxes found at IND.CODE ANN. §§ 6-6-4.1-4(d...

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