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  5. 661 S.E.2d 170 (2008)
 

ETHICON, INC. v. DEPARTMENT OF REVENUE

Nos. A07A2024, A07A2025.

661 S.E.2d 170 (2008)

ETHICON, INC. v. GEORGIA DEPARTMENT OF REVENUE et al. Georgia Department of Revenue et al. v. Ethicon, Inc.

Court of Appeals of Georgia.

Reconsideration Denied April 14, 2008.

Attorney(s) appearing for the Case

Smith, Shaw & Maddox, Virginia B. Harman, Rome, for appellant.

Thurbert E. Baker, Attorney General, Warren R. Calvert, Senior Assistant Attorney General, Michele M. Young, Assistant Attorney General, for appellees.

MILLER, Judge.

Ethicon, Inc. filed the underlying action in the Superior Court of Habersham County after the Georgia Department of Revenue and Bart L. Graham, State Revenue Commissioner ("DOR") denied its application for a refund of the sales and use taxes it paid between September 1, 1997 through December 31, 1998 (the "Tax Period"). The parties thereafter entered into stipulations of fact and filed cross-motions for summary...

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