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AARO MEDICAL SUPPLIES, INC. v. DEPT. OF REVENUE

No. 32486-5-II.

132 P.3d 1143 (2006)

AARO MEDICAL SUPPLIES, INC.; Care Medical Equipment, Inc.; Deacon, Roger M. & Virginia C. dba Deacon's Medical Equipment; Homedco, Inc.; Inland Medical & Rehab, Inc.; John Gabriel Ryan Corporation dba Providence Medical Supply; Jones Low Priced Drugs, Inc.; Knoop, Robert & Charlene dba Allied Medical Equipment; Kuslers Pharmacy, Inc., dba Kuslers Home Health Supply; Medequip Services, Inc.; Medi-Rent, Inc; Medi-Rent North; North Central Wash Respiratory Care Services; Puget Sound Drug Corporation dba Key Drugs; Shea Home Medical Products, Inc.; Sound Medical Equipment, Inc.; Whidbey Patient Aids, Inc. dba Whidbey Home Medical Equipment, Appellant, v. STATE of Washington, DEPARTMENT OF REVENUE, Respondent.

Court of Appeals of Washington, Division 2.

Reconsideration Denied June 1, 2006.

Attorney(s) appearing for the Case

Douglas Van De Brake, Attorney General's Office, Olympia, WA, for Respondent.

Raymond G. Dodge, Jr., Attorney at Law, Spokane, WA, for Appellant.

HUNT, J.

¶ 1 Aaro Medical Supplies, Inc., and several other vendors of durable medical equipment (Vendors) appeal summary judgment dismissal of their action against the Washington State Department of Revenue (Department) for refund of Washington sales taxes on medical products that Vendors sold to federal Medicare beneficiaries and for which the federal government paid Vendors on assignment. Vendors argue that (1) the real purchaser was the federal government...

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