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HILAND DAIRY FOODS v. OKL. TAX COM'N

No. 102613.

136 P.3d 1072 (2006)

2006 OK CIV APP 68

In the Matter of the Protest to the Denial of the Sales Tax Claims for Refund of HILAND DAIRY FOODS COMPANY, LLC., Appellant, v. OKLAHOMA TAX COMMISSION, Appellee.

Court of Civil Appeals of Oklahoma, Division No. 1.

May 5, 2006.

Attorney(s) appearing for the Case

Thomas D. Robertson, Karen M. Grundy, Stuart E. Van DeWiele, Nichols, Wolfe, Stamper, Nally, Fallis & Robertson, Inc., Tulsa, OK, for Appellant.

Douglas B. Allen, General Counsel, Marjorie L. Welch, First Deputy General Counsel, Oklahoma City, OK, for Appellee.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

Opinion by CAROL M. HANSEN, Judge.

¶ 1 Appellant, Hiland Dairy Foods Company, LLC. (Dairy), seeks review of an order of Appellee, Oklahoma Tax Commission (OTC), denying Dairy's protest to the denial of its sales tax refund claim. At issue is whether the Oklahoma Sales Tax Code, 68 O.S.2001 § 1350 et seq.,

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