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LEHMAN BROS. BANK, FSB v. STATE BANK COM'R

No. 656, 2006.

937 A.2d 95 (2007)

LEHMAN BROTHERS BANK, FSB, Appellant Below, Appellant v. STATE BANK COMMISSIONER, Appellee Below, Appellee.

Supreme Court of Delaware.

Decided: November 7, 2007.

Modified: November 9, 2007.

Attorney(s) appearing for the Case

Stanford L. Stevenson, III and Anne Shea Gaza of Richards, Layton & Finger, Wilmington; Paul H. Frankel (argued) and Irwin M. Slomka of Morrison & Foerster, LLP, New York City, of counsel, for Appellant.

Thomas P. McGonigle of Wolf, Block, Schorr and Solis-Cohen, LLP, Wilmington; Joseph C. Bright (argued) and Cheryl A. Upham of Wolf, Block, Schorr and Solis-Cohen, LLP, Philadelphia, PA, of counsel, for Appellee.

Before HOLLAND, JACOBS and RIDGELY, Justices.

JACOBS, Justice:

Appellant Lehman Brothers Bank, FSB appeals from a Superior Court Order1 affirming a decision by the State Bank Commissioner (the "Commissioner")2 assessing additional franchise tax and penalties against the Bank for the tax years 2000, 2001, 2002 and 2003. We affirm that portion of the Order upholding the imposition of additional franchise tax, reverse that portion upholding the assessment...

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