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KENNECOTT UTAH COPPER v. UTAH STATE TAX COMM'N

No. 20020899-CA.

87 P.3d 751 (2004)

2003 UT App 60

KENNECOTT UTAH COPPER CORPORATION, Plaintiff and Appellant, v. UTAH STATE TAX COMMISSION, Defendant and Appellee.

Court of Appeals of Utah.

Rehearing Denied April 20, 2004.

Attorney(s) appearing for the Case

Third District, Salt Lake Department; The Honorable Leon A. Dever.

Mark K. Buchi and Steven P. Young, Holme Roberts & Owen LLP, Salt Lake City, for Appellant.

Mark L. Shurtleff, atty. gen., and Clark L. Snelson, asst. atty. gen., Salt Lake City, for Appellee.

Before Judges JACKSON, ORME, and THORNE, Jr.

OPINION

THORNE, Jr., Judge:

¶ 1 The district court granted the Utah State Tax Commission's Commission motion for summary judgment. Kennecott Utah Copper Corporation Kennecott appeals. We affirm.

BACKGROUND

¶ 2 Throughout the 1990s, Kennecott sought to modernize its business to better comply with Utah's Air Conservation Act. See Utah Code Ann. §§ 19-2-101 to -127 (2001)1 To further...

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