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FARMLAND FOODS, INC. v. STATE

No. S-05-1148.

729 N.W.2d 73 (2007)

273 Neb. 262

FARMLAND FOODS, INC., and the Members of the Unitary Group, appellants, v. STATE of Nebraska et al., appellees.

Supreme Court of Nebraska.

March 23, 2007.

Attorney(s) appearing for the Case

Steven D. Davidson, of Baird Holm, L.L.P., Omaha, for appellants.

Jon Bruning, Attorney General, and L. Jay Bartel, Lincoln, for appellees.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

NATURE OF CASE

Farmland Foods, Inc., and the Members of the Unitary Group (collectively Farmland) appeal from the district court's order affirming a decision by the State Tax Commissioner (the Commissioner) to deny a portion of Farmland's claim for a credit refund under the Employment and Investment Growth Act,1 commonly referred to as "L.B. 775." The project agreement between Farmland and the Department of Revenue...

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