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TVKO v. HOWLAND

(OTC 4445; SC S48926).

73 P.3d 905 (2003)

335 Or. 527

TVKO, a subdivision of Home Box Office, a division of Time Warner Entertainment Company, L.P., a Delaware limited partnership, Appellant, v. Leron R. HOWLAND, Superintendent of the Oregon Department of State Police; Adolfo Akil, Arthur W. Crews, Frank J. Pedrojetti, F. Louis Rios, M.D., and Gregory A. Smith, Members of the Oregon State Boxing and Wrestling Commission, Respondents.

Supreme Court of Oregon.

Decided July 24, 2003.

Attorney(s) appearing for the Case

William F. Gary, of Harrang Long Gary Rudnick PC, Salem, argued the cause for appellant. With him on the briefs were James E. Mountain, Jr., and Bernard Nash and Maria Colsey Heard of Dickstein Shapiro Morin & Oshinsky LLP, Washington D.C.

Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause for respondents. Stephen K. Bushong and Christina M. Hutchins, Assistant Attorneys General, and Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General filed the briefs for respondents.

Neil D. Kimmelfield, of Ball Janik LLP, Portland, filed a brief on behalf of amicus curiae Oregon Cable Telecommunications Association.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.

De MUNIZ, J.

This case began in the Oregon Tax Court as an action for a declaratory judgment. The central issue involves the constitutionality of a particular tax that the State of Oregon levied on certain pay-per-view telecasts that plaintiff broadcast. The Tax Court ruled in plaintiff's favor on that underlying issue, and the correctness of that ruling is not before us. Instead, plaintiff asks this court to decide two ancillary issues: (1) whether the Tax Court...

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